Another Tourism Conflict Erupts

A legal dispute has ensued in the tourism sector where one of the private players has taken the Director of Tourism and the Technical Advisory Committee of the Departmenty of Tourism to court for allegedly flouting the Tourism Act and its associated regulations. Also cited in papers before the Maun High Court is the Okavango Kopano Mokoro Community Trust and the Attorney General. [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="1" ] In its application, Honey Guide Adventure Trust seeks an order reviewing and setting aside the Director of Tourism’s decision and/or finding that it ought to seek the consent of the Technical Advisory Committee prior to the issuance of a Tourism Enterprise Licence (Category H). NG32 Honey Guide Adventure Trust also seeks a court order reviewing and setting aside the Chairperson of the Technical Advisory Committee’s decision or finding that the applicant ought to seek the permission of Okavango Mokoro Community Trust as a condition for the issuance of a Tourism Enterprise Licence in the NG32 area. NG32 is the largest concession ever in the Okavango Delta and is located adjacent to Moremi Game Reserve towards the North western side. In his founding affidavit, Dimbo Boikaego, who is a trustee of Honey Guide Trust, states that following a long-drawn-out legal battle, on 29 November 2021 an order by Justice Tau confirmed that the Ditshiping membership in and with the Okavango Mokoro Community Trust (OKMCT) was terminated. “Essentially, the people of Ditshiping Village could then operate a Trust of their own to protect and use the natural resources nearest to them for the economic welfare of their society,” said Boikaego. Unreasonable He said after terminating their membership with OKMCT, the people of Ditshiping revived the Honey Adventure Guide Trust whose objective is to utilise the natural resources nearest to the trust for the economic benefit of its members. He added that following the order of Justice Tau, Honey Guide made an application for a Tourism Enterprise Licence under the Tourism Act. The application was considered and approved on 18 November 2022 by the Department of Tourism's Tourism Industry Licencing Committee. Boikaego said Honey Guide applied to the Technical Advisory Committee for consent to the grant of the licence. In response, the Technical Advisory Committee said it would only issue its consent if Honey Guide obtained permission from the Okavango Kopano Mokoro Community Trust. Boikaego said Honey Guide Adventure Trust’s case is that the decision of the Director to approve the licence application subject to a condition that the consent of the Technical Advisory Committee is sought and obtained and the decision of the Chairperson of the Technical Advisory Committee to resolve that the consent would only be granted if OKMCT gives permission for the issuance of the licence are both unreasonable and unlawful. No legal basis He argued that neither the Tourism Act nor the Tourism Regulations provide for the requirement that the Technical Advisory Committee must consent to the issuance of a licence or that a trust must obtain the consent or approval of another trust for the issuance of a Tourism Enterprise Licence. Boikaego said the Director has no power to subject the issuance of a licence to the condition that the Technical Advisory Committee must consent to its issuance. “Once he is satisfied that all requirements have been met, which in this instance he was, he ought to issue the licence forthwith,” Boikaego asserted. There is therefore no legal basis or justification, he argued, for the Technical Advisory Committee's decision to withhold or refuse consent for the issuance of the licence on the basis that Honey Guide must obtain consent from OKMCT. “This is especially the case because, on the committee's own version, the OKMCT does not have a lease over NG32, with such lease having expired,” Boikaego said. “Moreover, as far as I know, OKMCT was at the material time not registered as a trust in terms of the Trust Property Control Act and is therefore not legally competent to hold any assets on behalf of the community. Rightful beneficiaries Ditshiping is the only settlement located within the NG32. The people of the village are, in law and in fact, the rightful beneficiaries of the wildlife and natural resources nearest to and around them. According to Boikaego, Honey Guide is not a member of the OKMCT and is therefore precluded from benefiting from its natural resources through the imposition of a requirement that is not sanctioned by the law or the regulations. He argued that it is unreasonable for the Technical Advisory Committee to require that Honey Guide seek the consent of OKMCT whilst OKMCT does not have any leasehold right, or any other rights with respect to the NG32. “Honey Guide is registered in terms of the Trust Property Control Act and is therefore the appropriate trust in the NG32 and is therefore entitled to the grant of the licence that will enable it to lawfully use the resources in the NG32 for the benefit of its members,” said Boikaego. He added that the grant or “refusal of the licence does not cause any fundamental prejudice to the interests of OKMCT who, as stated earlier, is not entitled to operate tourism enterprise activities within the NG32 or to hold a lease therein”. The respondents were yet to respond to the application at the time of going to press. [/ihc-hide-content]

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Another Tourism Conflict Erupts

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