A dispute over the NG22 tourism concession in Botswana’s Okavango Delta has reached the High Court with the Okavango Community Trust (OCT) and Okavango Wilderness Safaris (OWS) taking opposing positions on the company’s right to continue operating in the concession.
The concession, including the Wilderness Vumbura camps, benefits five communities represented by the OCT.
The OCT is seeking an order requiring OWS to vacate the concession. OWS maintains that it holds a valid and enforceable 15-year lease.
According to the Botswana Guardian, the OCT has asked the High Court in Maun for an interdict blocking OWS from conducting tourism and safari operations in the concession or interfering with the trust’s ability to market or lease it to another operator. The OCT is also seeking holding-over rental fees.
The newspaper reported that the OCT alleges OWS resisted plans to subdivide the concession to allow additional tourism operations and increase bed capacity.
OWS disputes the OCT’s case. In court documents cited by the Botswana Guardian, the company maintains that a 15-year lease was concluded in 2024 and argues that decisions around the subdivision of concessions and allocation of tourism beds ultimately fall within the government planning processes.
The validity and effect of the agreements between the parties are among the issues now before the court.
Divisions within the trust
The dispute has also exposed divisions between the OCT Board and some of the trust’s beneficiaries over the litigation.
According to the Botswana Guardian, beneficiaries from five villages represented by the OCT – Beetsha, Eretsha, Gudigwa, Gunotsoga and Seronga – challenged the Board’s decision to pursue legal action against OWS and called for the existing relationship with the operator to continue.
Botswana’s Minister of Environment and Tourism, Wynter Mmolotsi, met with representatives of the five villages to address concerns about the dispute and they reportedly supported OWS continuing to operate in the concession.
The OCT subsequently challenged the circumstances surrounding the engagement in an August 21 statement, saying the meeting created further division within the community. The trust also alleged that the engagement may have been influenced by OWS.
Wider governance concerns
The minister’s engagement was conducted against a backdrop of broader concerns about the governance of Botswana’s community trusts.
In remarks reported by the Botswana Press Agency on April 28, during an engagement with community-based organisations in Maun, Mmolotsi said he has seen some community trusts grappling with internal fights, maladministration and alleged fund embezzlement.
He also warned that some Boards leased concessions to investors and then limited their operations through micromanagement.
Business as usual
Derek de la Harpe, Chief Risk and Corporate Affairs Officer for Wilderness, told Tourism Update that Wilderness holds a valid and enforceable lease over the Vumbura concession.
“The matter is currently before the High Court of Botswana and, therefore, we are unfortunately not in a position to comment further on its substance.
“Wilderness has operated in the Okavango Delta for over 40 years, in partnership with local communities, and that commitment continues. Operations at Vumbura continue as normal and there is no impact on our guests. We look forward to the matter being resolved through the proper legal process.”
The OCT was unavailable for further comment at the time of reporting.
