By Staff Reporter
Copyright web
Staff Reporter
THE Communications Regulatory Authority of Namibia (CRAN) has welcomed a High Court judgment affirming the need for fair and non-discriminatory sharing of telecommunications infrastructure in Namibia.
On 31 July 2025, the High Court ruled that the automatic renewal clause in a 2012 tripartite lease agreement between NamPower, MTC, and Telecom Namibia was invalid under Regulation 17(2)(b) of the Infrastructure Sharing Regulations. The Court confirmed that the agreement, which had granted MTC and Telecom exclusive access to NamPower’s fibre, legally expired on 31 May 2022.
The ruling followed a challenge brought by MTC and Telecom Namibia after CRAN declared the exclusivity and automatic renewal provisions void in 2022, in response to a complaint lodged by MTN Business. CRAN had argued that the agreement restricted competition, delayed infrastructure rollout, and undermined consumer access to affordable services.
CRAN Chief Executive Officer, Emilia Nghikembua, said the judgment provides clarity on the application of Namibia’s Infrastructure Sharing Regulations and reinforces the principles of openness and fair competition.
“This judgment affirms that exclusive agreements for access to essential facilities such as fibre networks are not permissible. Such exclusivity undermines competition and prevents other licensed operators from gaining fair access to critical infrastructure. The ruling ensures that operators seeking access are accommodated on equitable terms, stimulating investment, accelerating broadband rollout, and expanding services into underserved areas,” Nghikembua said.
She added that consumers stand to benefit through greater choice, improved service quality, and more affordable connectivity.
Infrastructure sharing, CRAN added, is central to Namibia’s digital transformation goals, as it reduces costs, improves efficiency, and enables faster deployment of technologies such as 4G and 5G.
CRAN said the judgment strengthens the country’s regulatory framework, promotes competition, and supports Namibia’s broader digital and economic development agenda.
PICTURED: CRAN Chief Executive Officer, Emilia Nghikembua.
