Renthia Kaimbi
Nasan Energies has formally appealed the Namibian Competition Commission’s (NaCC) decision to block the company from sourcing fuel from Vitol and related companies following its acquisition of 52 fuel stations.
The appeal was confirmed in government gazette notice no. 158 of 2026, published on 8 May.
Court documents show that Ndaitwah Legal Practitioners filed the review application on 8 April 2026 on behalf of Nasan Energies.
The law firm belongs to Ndeli Ndaitwah, one of President Netumbo Nandi-Ndaitwah’s sons.
The appeal challenges conditions imposed by the NaCC when it approved the merger on 1 April 2026.
NaCC approved Nasan’s acquisition of the divestiture business operated by Vivo Energy and Engen Namibia, making Nasan the country’s third-largest fuel retailer.
However, the approval came with conditions that prohibit Nasan from sourcing petroleum products from Vitol, Vivo Energy or their affiliates for five years.
NaCC also declared any existing fuel supply agreements with Vitol null and void and instructed Nasan to prove it sources fuel from independent suppliers.
Nasan argues that the conditions are too restrictive and should be removed.
As an alternative, the company is requesting a five-year transitional period allowing it to continue sourcing from Vitol while building independent logistics infrastructure and supply arrangements.
“Upon the expiry of this initial 60 month period, the conditions should be subject to review in order to assess the extent to which Nasan has been able to implement the merger and transition its supply arrangements in compliance with the conditions,” Ndaitwah submitted.
“Should it be determined during such review that full implementation remains constrained by the structural, infrastructural, or market limitations described herein, provision should be made for the granting of a further extension period of up to an additional sixty (60) months, on such terms as the minister may deem appropriate.”
NaCC’s concerns relate to the ownership structures behind the transaction.
The acquisition followed an earlier merger between Vivo Energy and Engen Namibia, which gave the combined entity almost 65% of the fuel market.
To restore competition, NaCC ordered Vivo to sell 52 service stations to an independent buyer. However, the regulator questioned whether Nasan was genuinely independent.
“The NaCC’s primary goal was to ensure the 53 stations went to a company with less than 10% market share and no pre-existing relationship with the merging parties,” the commission’s director for mergers, Johannes Ashipala, said during consultations earlier this year.
He warned that existing ties could allow one player to control up to 70% of the retail fuel market.
Nasan is 70% owned by Millennium Investment Holdings, controlled by Miguel Hamutenya.
Miguel’s father, Mathews Hamutenya, co-owns Validus Energy, which has a direct partnership with Vitol.
NaCC feared the transaction could replace a Vivo monopoly with a Vitol-linked duopoly because Vitol already controls an estimated 75% to 85% of Namibia’s intra-wholesale fuel supply.
Ndaitwah’s involvement has also added political attention to the matter.
Earlier this year, opposition leader Panduleni Itula accused the first family of positioning itself within Namibia’s oil industry.
Itula claimed Ndaitwah had co-founded Vaneli Foods CC, which he said appeared as a subsidiary of Millennium Investment Holdings.
The president’s sons denied involvement in the oil industry and said Vaneli Foods was a farming business started in 2018.
They said the business closed in 2025 after crop losses caused by poor weather conditions.
The appeal notice, signed by industries, mines and energy minister Modestus Amutse, invites interested parties to submit written representations within 30 days of the gazette publication.
The outcome of the appeal will determine whether Nasan can continue sourcing fuel through Vitol-linked arrangements or whether it must operate under the restrictions imposed by the Competition Commission.
