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Court orders joinder of SWAPO shareholding companies in fishing dispute matter

Court orders joinder of SWAPO shareholding companies in fishing dispute matter

Staff Reporter

HIGH Court Judge Nate Ndauendapo has ordered the joinder of Kuiseb Fishing and two other respondents in the ongoing legal battle involving troubled Hodago Fishing, which has been taken to court by Delmare Group. Delmare seeks to stop Hodago Fishing from transacting in fish worth N$15 million, which it claims it paid for upfront in cash.

This comes after Hodago Fishing sought to deliver 600 metric tonnes of horse mackerel to the Social Fund of the Democratic Republic of the Congo (FSRDC).

Hodago Fishing is co-owned by SWAPO entities and Gendev Fishing (Pty) Ltd and Kuiseb Fishing, which both hold shares in the entity.

Opposing the application, Hodago Fishing prayed that the application by Delmare Group be dismissed based on points in limine, stating that not all the relevant parties had been joined to the case.

Hodago argued that its fishing quotas are sourced from both Gendev Fishing and Kuiseb Fishing.

On or about 20 June 2025, Delmare Group concluded a written Supply and Financing Agreement with Hodago for the purpose of obtaining a first right to purchase horse mackerel and other fish (“stock”) caught by Hodago, equivalent to 500 MT, for as long as Hodago owed Delmare Group money derived from pre-advance payments.

Hodago thus argued for the joinder of Kuiseb Fishing in the court battle, as it used fishing quotas sourced from Kuiseb Fishing to enter into the agreement with Delmare. In this regard, the fishing quota allocated to Kuiseb Fishing for the year 2025 was 3,707 MT, whereas for the year 2026 that quota was increased to 3,900 MT.

The High Court judge upheld this point in limine for joinder and ordered that Kuiseb Fishing, as well as NIBC Cold Storage (Pty) Ltd, where the fish is being stored, and Daron Namibia (Pty) Ltd, be joined as respondents to the matter, as they all have a direct and substantial interest in the relief sought.

The matter has been postponed to 25 June 2026 for a status hearing.

In the meantime, the High Court has also ordered the auctioning of the Venus 1 fishing vessel, which belongs to Hodago, after the company also failed to honour its debt in the millions to Standard Bank Namibia.

Photo: Contributed

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