NCC loses appeal against Puma in excessive aviation fuel price case

The Supreme Court of Namibia has dismissed the Namibia Competition Commission (NCC) appeal against a search warrant it used to seize documents from Puma Namibia, with costs. Deputy Chief Justice Petrus Damaseb says NCC Acting Secretary Vitalis Ndalikokule had no authority to apply for the search warrants. In a judgement to which Chief Justices Peter Shivute and Justice Dave Smuts have concurred, Damaseb says only an NCC inspector is authorised to investigate and obtain search warrants. He stresses that the NCC's delegating Acting Secretary Ndalikokule that power disturbed a major feature of its powers to investigate abuse of market dominance. He has dismissed the appeal with cost, after noting that apportioning the NCC powers given to its operative will rob that person the authority given under the law. Deputy Chief Justice Damaseb found no value in the NCC's argument that Puma Namibia allowed the documents to be taken. They included hard copy documents, electronic devices and forensic mirror images of the company's server. NCC seized the documents while investigating allegations that Puma Namibia had abused its dominant position, by charging excessive prices for aviation fuel at the Eros and Ondangwa airports.

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