Former NWR director alleges contract breach

Former Namibia Wildlife Resorts (NWR) managing director Matthias Ngwangwama has taken the company to court for breach of contract.

This stems from the board’s alleged failure to notify Ngwangwama six months before his contract term expired.

The NWR board did not respond to questions by the time of going to print, despite assertions by NWR spokesperson Nelson Ashipala that the board would respond yesterday.

Ngwangwama said his is grateful for the opportunity to serve the nation, saying he he steered the organisation to significant milestones “such as the first-ever profit in 2019 and record profits in 2023 for the company, [achieving] debt-free status in 2023 and consecutive clean, unqualified audit opinions in 2022 and 2023”.

Ngwangwama referred questions about the NWR’s alleged failure to give him notice to his legal representative, Patrick Kauta.

Documents seen by The Namibian show that Ngwangwama should have been given six months’ notice prior to any decision to extend or terminate his contract.

“In the event that the employer elects not to renew the agreement, the employer shall give the employee no less than six calendar months written notice to that effect prior to the expiration of the agreement,” the document reads.

Sources suggest the decision not to renew Ngwangwama’s contract was made after he was accused of blocking privatisation deals allegedly proposed by some NWR members.

The Namibian reported this year that then tourism minister Pohamba Shifeta said allegations from Affirmative Repositioning leader Job Amupanda regarding the sale or transfer of NWR properties were “propaganda”.

The Namibian is also aware of an internal memo dated 31 March 2025 from chief human capital officer Immanuel Haihonya, which confirms Ngwangwama’s exit as of that date and the appointment of Epson Kasuto as the acting managing director. Kasuto’s two-month appointment expires on 31 May, and the memo says recruitment proceedings will commence.

MISSING JUSTIFICATION

The NWR board is also accused of not conducting a performance evaluation for its former managing director.

According to Ntelamo Ntelamo corporate governance expert and legal adviser, the NWR board of directors should stand by the employment contract unless justified to depart from its terms, and their alleged failure to inform Ngwangwama was a breach of contract “unless there is or was an event beyond the board’s control which prevented them from informing Ngwangwama”.

Ntelamo says unless the board has a justification for not informing Ngwangwama, they should take responsibility for “failing to discharge their duty in terms of the employment contract”.

Ntelamo adds that while self-evident poor performance may justify a board’s decision not to adhere to the contract, if no performance evaluation was done – as Ngwangwama alleges – it indicates that non-renewal arose from other, undisclosed issues.

“Public enterprises are regulated in terms of the Public Enterprises Governance Act … [which] makes peremptory provisions for performance agreements. I would like to believe that there was a performance agreement between the NWR board of directors and Mr Ngwangwama. If not, then the board failed on that front,” he says.

Sources also suggest tensions arose within the NWR due to Ngwangwama’s opposition to the controversial Sossussvlei Desert deal initiated by Shifeta. The deal, which gave a private company a 25-year contract to transport tourists into the Namib Desert, was projected to lose the NWR N$175 million in income.

Meanwhile, minister of environment and tourism Indileni Daniel says the NWR is not part of her portfolio. Questions directed to finance minister Ericah Shafudah did not receive a response.