Court Grants Order Halting Hunting In NG 13

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The Maun High Court has granted an order interdicting Tcheku Community Trust from utilising its hunting quota for this hunting season following an application by its investor, Oldman’s Pan (Pty)ltd who entered into a memorandum of agreement in 2020.

Tcheku Trust has also been ordered to refrain from establishing any photographic camp or similar function within the boundaries of Controlled Hunting Area NG13 pending the final determination of the arbitration proceedings between the Old Man’s Pan and Tcheku Trust.

Trouble started on March 12, 2024 when the two parties met in Shakawe to negotiate the hunting quota fee and failed to reach an agreement. Prior to the meeting, the Trust sent a letter authored by Kebonyemodisa Law Firm to the applicant terminating their MOA. Old Man’s Pan made the application following a termination of their agreement. 

The order was passed by Maun High Court Judge Godfrey Nthomiwa in April 2024, the case was scheduled for continuation on Tuesday, however it was postponed to the 11th July 2024 after the applicant’s attorney failed to file an affidavit.

In passing the order Nthomiwa cited that there was no remedy other than the one the applicant was pursuing emphasising that the only remedy is to put a halt on any activity in NG13 pending the outcome of the arbitration proceedings. He further noted that by halting activities the respondents will not suffer any prejudice     

According to court documents the applicant has cited that he entered into an agreement with the trust to invest in NG13, by facilitating developments including among them construction of roads, infrastructure to make it suitable for hunting and photography purposes among others.

It further states that in return the trust would jointly utilize resources in NG13 with Oldman’s Pan for a period of 3 years until termination by either party giving a 6 months’ notice.  

A termination letter signed by the trust’s Chairperson Alex Senyemba maintains that the reasons for termination bordered on Old Man’s Pan’s breach of the agreement by voluntarily working with the village Development Committee (VDC) and individuals to manage the NG 13 concession without the consent of the board.

The letter further states that Old Man’s Pan organised illegal groups which allegedly divided the community and destabilised the unity and democracy of the trust. It further stated that the applicant still owed the respondents P102 000.

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