Court blocks mining near endangered black rhino population

Mining activities in a part of the Kunene region where highly endangered black rhinoceroses are a tourist attraction must stop until the end of next week.

This was ordered by a Windhoek High Court judge yesterday.

In terms of an interim order issued by judge Orben Sibeya, Windhoek resident Ottilie Ndimulunde, who has registered mining claims in a part of the Kunene region south-west of Khorixas and north-west of Uis, may not carry out any mining or other activities on her claims until a judgement in a case in which she is being sued has been delivered.

Sibeya reserved his judgement on the application against Ndimulunde, Ministry of Defence and Veterans Affairs official Timoteus Mashuna – who also has mining claims in the same area – the environmental commissioner, the minister of environment, forestry and tourism, the mining commissioner, the minister of mines and energy, and the Sorris Sorris Conservancy after hearing oral arguments yesterday.

He postponed the delivery of his judgement to 27 September.

The Doro !Nawas and Ûibasen Twyfelfontein conservancies, the ≠Aodaman Traditional Authority and the company Ultimate Safaris are claiming in an urgent application filed at the end of last week that black rhinos in the area where Ndimulunde’s mining claims are situated, will be under increased threat of poaching or migrate out of the area if plans to start mining operations go ahead.

They are also claiming that an environmental impact assessment report, completed before environmental clearance certificates were issued to Ndimulunde and Mashuna, failed to mention that human activity associated with mining would increase the likelihood of poaching in the area of their mining claims.

The report also failed to mention that mining operations, including the use of earthmoving equipment and blasting, would disturb the local rhino population and likely cause the rhinos in the area, which attract tourists, to move away, Doro !Nawas Conservancy vice chairperson Lourens Hoeseb says in a sworn statement filed at the court.

The two conservancies, the traditional authority, and Ultimate Safaris are asking the court to issue an interdict prohibiting any mining activities on Ndimulunde’s mining claims.

They are also asking the court to prohibit the use of heavy machinery to construct a new road from the D2612 road to the west of the site of the mining claims held by Ndimulunde.

According to Hoeseb, one of the conditions on which environmental clearance certificates were granted to Ndimulunde and Mashuna was that no new roads may be established in the area which is ecologically sensitive.

The mining claims are in an area that is jointly managed by the Doro !Nawas, Ûibasen Twyfelfontein and Sorris Sorris conservancies, Hoeseb says.

He also says an Ultimate Safaris employee noticed in August that heavy machinery was being used to make a new road from the D2612 road to the west.

An urgent interdict to stop mining activities and the construction of a new road was issued against Mashuna in the High Court on 24 August.

On Wednesday last week, employees of Ultimate Safaris noticed that heavy machinery had been transported into the area again to work on the new road and clear vegetation in the area of the mining claims, Hoeseb informed the court in his affidavit.

He said when a lawyer representing Mashuna was contacted, the lawyer said construction work was being done on Ndimulunde’s claims and not those of Mashuna.

Ndimulunde is denying that she is having a new road made in the area.

In an answering affidavit filed at the court, she is disputing that her mining claims are in an area that is environmentally sensitive.

She is also claiming that Ultimate Safaris is using the two conservancies and the traditional authority to take legal action.

The company, which has a tourist lodge and a tented camp in the area, is operating unlawfully on communal land, and wants to exclusively benefit from the natural resources of Namibia, Ndimulunde claims.