The Communications Regulatory Authority of Namibia (CRAN) has welcomed a landmark judgment from the High Court, which declared an exclusive fibre-sharing agreement between NamPower, MTC, and Telecom Namibia invalid. The ruling reinforces the regulator’s mandate to ensure fair access to telecommunications infrastructure and promote competition in the sector.
The dispute centred on a tripartite lease agreement signed in June 2012, which granted MTC and Telecom Namibia exclusive use of NamPower’s dark fibre. The agreement included an automatic renewal clause that would have extended it indefinitely. In 2022, CRAN intervened following a complaint, declaring the exclusivity and automatic renewal provisions void under the Infrastructure Sharing Regulations of 2016.
CRAN argued that the agreement restricted competition, delayed infrastructure rollout, and limited affordable access for other operators, ultimately harming consumer welfare. MTC and Telecom Namibia subsequently challenged CRAN’s decision in the High Court, alleging procedural unfairness and contesting the validity of the regulation used to void the clause.
On 31 July 2025, the High Court ruled in favour of CRAN, confirming that the automatic renewal clause was invalid and that the agreement had legally expired on 31 May 2022. The judgment emphasised that exclusive access to essential facilities such as fibre networks undermines fair competition and contradicts the principles of non-discrimination and open access.
Mrs. Emilia Nghikembua, Chief Executive Officer of CRAN, stated that the judgment provides clarity on the application of Namibia’s Infrastructure Sharing Regulations. She emphasised that it will stimulate investment, accelerate the deployment of broadband and next-generation technologies, and expand coverage into underserved areas. Consumers are expected to benefit directly through greater choice, improved service quality, and more affordable connectivity.
The ruling is seen as a significant step toward strengthening Namibia’s digital ecosystem and supporting the country’s national digital transformation and economic development goals. It also reaffirms CRAN’s role in promoting a dynamic and inclusive digital economy.