One hunter for Tsholotsho North

From Busani Ncube in Victoria Falls

November 23, 2010


THE High Court of Bulawayo has in the interim ordered that there must be no other safari operator conducting business in Tsholotsho North Concession Area from 1 January 2011 to 31 December 2016 save for Matupula Hunters (Private) Limited — and that all invitations for tenders published in the press before for the same hunting quota are “null and void,” we reveal today.
Further the Court ruled that the Tsholotsholo Rural District Council is “permanently interdicted” from inviting tenders for safari business operation in the area with effect from 1 Januraiy 2011 or any other time up to 31 December 2016 for as long as Matupula Safaris has a valid contract.
Justice Nicholas Mathonsi made the order on 15 November this year after Matupula (Private) Limited director Njabulo Zondo approached the High Court on an urgent basis seeking redress after another safari company — Mtshwayeli Safaris (Private) Limited — has been reportedly interfering with the former’s operational rights at the instance of the Tsholotsho Rural District Council in his territory.
Court records in possession of this paper — in which Matupula Hunters (Private) Limited is the applicant and Tsholotsho Rural District Council and Mtshwayeli Safaris (Private) Limited are cited as first and second respondents respectively — state that sometime in 2006 Matupula (Private) Limited won a tender for “exclusive rights” to operate safari businesses in the Tsholotsho North Concession Area.
On 2 October 2006 a “written contract” was entered into between Matupula (Private) Limited and the Tshotsholo Rural District Council detailing the terms and conditions of the tender won by the former, more specifically that the agreement was from 1 January 2007 to 31 December 2010 and “subject to renewal”.
Upon signing of the contract, Matupula (Private) Limited commenced safari business operations in the said area on 1 January 2007 — pursuant to its “exclusive rights” under the contract.
Since the contract was due to expire on 1 December 2010 and subject to renewal, sometime early this year Matupula engaged the Tsholotsho Rural District Council in negotiations with a view to renewing the contract.
On April 29, this year a Board meting was held between the council and the safari company and a resolution was made “extend or renew” the contract and on 10 May 2010 — a resolution was passed to renew the original contract for a period of six years from 1 January 2011 on the same conditions.
On 18 June 2010 — Matupula (Private) Limited entered into another agreement with Tsholotsho Rural District Council in terms which the company was granted “exclusive rights” to operate a safari business in the Tsholotsho North Concession Area commencing on 1 January 2011 to 31 December 2016, court papers say.
Following the signing of the contract Matupula (Private) Limited engaged in “extensive marketing of its hunting quotas for 2011” pursuant to the contract. However — The Tsholotsho Rural District Council acted in bad faith and violated the terms of the contract. This was allegedly after being pushed to do so by the Tsholotsho Development Association.
“It has come to the Applicant’s attention that 1st Respondent has been under undue pressure from an organisation called the Tsholotsho Development Association, acting at the behest or instance of a rival operator to take over the safari operations in Tsholotsho North Concession Area beginning 1 January 2011.
“The Respondent seems to have succumbed to pressure. By an advertisement published in the Sunday News newspaper of 7 November 2010 — the Respondent purported to invite tenders for safari operations in the Tsholotsho North Concession Area commencing 1 January 2011,” submitted Matupula Private Limited to the High Court through its lawyer Mr Sindiso Mazibisa of Cheda and Partners in Bulawayo.
Matupula (Private) Limited told the High Court that “it boggles the mind” that the Tsholotsho Rural District Council has purportedly invited tenders for safari business operations in a area they are “fully aware” that there is a “valid and binding” agreement between the parties to the same matter.
Argued Matupula Private Limited: “In light of the Respondent’s purported invitation for tenders, the Applicant is reasonable apprehensive that the Respondents can adversely interfere with the Applicant’s contractual rights under the written agreement between the parties without due process of the law.”
The safari company submitted that its matter was urgent because any delay would adversely affect the contractual arrangements for 2011 that have been made and also on the basis that Tsholotsho Rural District Council and Mtshwayeli Safaris (Private Limited have “no justification for purporting to invite tenders” for an area that already has an operator with a valid and binding agreement.
Justice Mathonsi ruled in favour of their application.

Thanks Kathi, for another piece of interesting news. It appeats on the face of it that justice was done. No doubt there will be conflicting info and comments, however.
Brice