Coastal tour operators, tourism ministry in legal clash over Dorob concessions

A legal dispute between long-standing coastal tour operators and the environment and tourism ministry has escalated after a High Court order confirmed that operators may be forced to compete for their own businesses.

The conflict centres on 4x4 tour concessions in the Dorob National Park dune belt, where four established operators now face the possibility of losing routes they have operated for decades.

The matter only surfaced publicly on Friday during a consultation meeting in Swakopmund, despite the dispute already having progressed through the High Court and resulted in a binding court order.

A court order issued on 6 October 2025 directs the ministry to restart the concession award process, requiring consultation with the affected operators and other interested parties.

However, the order is explicit that consultation does not equate to agreement, leaving the final decision with the minister.

The order also confirms that if one or more of the operators are unsuccessful in the new process, they will be given a three-month period to wind up their operations.

This clause places decades-old businesses at risk of closure within a defined timeframe.

Lifetime of hard work

Operators made it clear during the meeting that this provision is central to their concern.

“This is not virgin territory where traditionally an opportunity to create a project on state land is identified by the tourism ministry and you put in a bid; you either win or lose, but nothing is lost.

"This is bidding back our own intellectual property and a lifetime of hard work and dedication to conservation and tourism, including the survival of our own families and staff,” Gerald Kolb, representing the operators, said.

Pending the outcome of the new process, the court order allows the four operators to continue operating under regulated interim conditions.

They retain exclusive use of four existing routes in the dune belt, with restrictions limiting each route to two trips per day and a maximum of four vehicles.

In addition, operators are required to pay a monthly fee of N$25 000 per company, with one smaller operator paying N$15 000.

They must also submit detailed monthly reports to the ministry, including the number of trips conducted, vehicles used and visitor breakdowns by nationality.

The interim period is set at nine months, with provision for extension if the concession process is not finalised within that timeframe.

The operators involved form part of the so-called “Living Desert” tour sector, a specialised tourism offering focused on guided interpretation of the Namib Desert ecosystem.

According to submissions made during the meeting, these operations date back to before the Dorob National Park was formally proclaimed in 2010 and have been conducted under permits issued by the ministry over the years.

From the ground up

Operators argue that they not only built the tourism product but also developed the routes, trained staff and established international partnerships that contribute to the coastal tourism economy.

They say significant capital has been invested in vehicles, workshops and operational infrastructure, alongside long-term employment commitments.

“We have heavily invested in our companies… in fleets, workshops and offices,” Kolb said.

The lack of clarity around how the ministry arrived at its position was also raised during the meeting.

Key questions

This publication questioned the ministry on how it arrived at the decision to pursue a public tender process, particularly in light of existing operators and reports that quad bike operators in the same area had received direct concessions.

The ministry declined to provide a detailed explanation.

“We’re not going to go into step by step. We are guided by the existing legislation,” said Colgar Sikopo, tourism ministry deputy executive director for natural resources management, adding that the quad bike issue fell outside the scope of the meeting.

The response left key questions unanswered about consistency in the application of concession policy.

At the core of the dispute is whether these long-standing operators should be granted direct concessions or required to compete through a public tender process.

Operators argue that forcing them to reapply for their own businesses undermines both investment and continuity.

They further questioned the consistency of the ministry’s approach, citing instances where other operators in the same area were reportedly granted direct concessions without undergoing a similar competitive process.

This, they argue, creates unequal treatment within the same operating environment and raises concerns about administrative fairness.

“We are not arguing against the quad bike operators. We are arguing against the administrative practices of the ministry,” Kolb said.

Potential impact

The issue was repeatedly raised during the meeting, with participants calling for clarity on how different operators are treated under the same policy framework.

Concerns extended beyond the affected operators, with stakeholders in the tourism sector warning of broader implications.

Industry representatives noted that desert tours form a key component of the coastal tourism offering, often booked in advance through international partners.

They cautioned that replacing established operators with new entrants could introduce uncertainty, disrupt existing relationships, and take years to stabilise.

The concern is that a loss of continuity could affect both service quality and Namibia’s reputation as a destination.

The ministry's concession unit maintained that the process must comply with existing legislation, including the Nature Conservation Amendment Act, which empowers the minister to award concessions.

They stated that the current consultation process forms part of a legally required restart following the court challenge to the previous tender.

Officials emphasised that the purpose of the meeting was to gather input and not to negotiate outcomes.

“The new process for us involves awarding this concession in an open, fair and transparent way,” unit member Fabiola Katamila said.

However, the ministry’s assurance of an “open, fair and transparent” process was met with scepticism from operators at the meeting, many of whom said key questions went unanswered and were repeatedly deferred to the court order provisions. Several operators left the meeting expressing concern that the process lacked clarity and consistency, with some describing it as confusing and unresolved rather than transparent.

With the process still underway, no final decision has been made on the awarding of the concessions.