Tungeni wants ski clubs gone

Tungeni Africa Investments has applied for a summary judgement from the High Court to have the Namibia Water Ski Club finally removed from the Von Bach Dam, on which it has a 50-year renewable concession from Namibia Wildlife Resorts (NWR).The ski club, however, argues that NWR acted beyond its legal powers in leasing the property to Tungeni because it is not the owner. It argues that the ownership of the land has not been transferred from the works ministry to NWR since no such transfer has been gazetted. Dr Weder, Kauta & Hoveka Inc, on behalf of Tungeni, submitted that it is not only through a transfer of ownership that the NWR can enjoy property rights and that the ministry can also make land available to the parastatal under a lease agreement. Tungeni’s legal representative, Thabang Phatela, in court yesterday said NWR in fact has the power to lease the property in accordance with the NWR Company Act. Advocate Theo Frank of Engling, Stritter & Partners, on behalf of the ski club, argued that Tungeni only had entitlement and rights to the 130 hectares of the Von Bach Recreation Resort No. 337. He said the 80-hectare portion of the Farm Osona Commonage No. 65 (Portion 65) and 500-hectare Portion B of state land have not been transferred to the NWR. He added that these portions have not been consolidated.Frank went on to say that there is no lease agreement between Tungeni and NWR in respect of Portion 65 and Portion B and that the land occupied by the ski club never lawfully formed part of the agreement between Tungeni and the NWR. He noted that the club currently exercises an improvement lien over the land, never entered into a lease agreement with Tungeni or NWR, and was not privy to the agreement between the latter two. The black economic empowerment consortium entered into the lease agreement with the NWR and undertook to invest N$450 million in the refurbishment of the Von Bach resort.The managing director of NWR on Monday said the public-private partnership (PPP) with Tungeni was “operating well” but added that the full implementation of the business plan was being held up by the ongoing legal battle with the “squatting” ski and water clubs that will hopefully be settled by the summary judgement application. Tungeni had announced in October 2011 that it intended to invest N$25 million in renovation works and extend the lodge which would include 22 self-catering bungalows and an Outjere Lifestyle Village development. Judge Thomas Masuku reserved judgement. CATHERINE SASMAN

Tungeni wants ski clubs gone

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Namibian Sun 2025-06-30

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Tungeni wants ski clubs gone

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Namibian Sun 2025-06-30

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