Case on mining in rhino area ruled ‘not urgent’

Two Kunene region conservancies, a traditional authority and a tourism company have failed with an attempt to get a court order.

This is in an attempt to stop mining activities and the construction of a road in a black rhinoceros habitat area.

Judge Orben Sibeya ruled in the Windhoek High Court on Friday that an application filed by the Doro !Nawas and Ûibasen Twyfelfontein conservancies, the ≠Aodaman Traditional Authority, and the company Ultimate Safaris two weeks ago does not meet the requirements to be heard as an urgent matter.

Sibeya struck the application from the court’s roll, and ordered that the four applicants pay the legal costs of Windhoek resident Ottilie Ndimulunde.

Ndimulunde has registered mining claims in a part of the Kunene region south-west of Khorixas and north-west of Uis, where the two conservancies, the traditional authority and Ultimate Safaris say mining activities would disturb the habitat of highly endangered black rhinos and set back tourism.

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

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

The mining claims are in an area jointly managed by the Doro !Nawas, Ûibasen Twyfelfontein and Sorris Sorris conservancies, Doro !Nawas Conservancy vice chairperson Lourens Hoëseb said in a sworn statement.

Hoëseb said 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.

In an answering affidavit, Ndimulunde disputed that her mining claims are in an area that is environmentally sensitive.

She denied that she is having a new road made in the area.

Ndimulunde accused Ultimate Safaris, which has a tourist lodge and a tented camp in the area, of operating unlawfully on communal land and wanting to exclusively benefit from the natural resources of Namibia.

Hoëseb denied those allegations, and said Ndimulunde has no understanding of how conservancies and their joint ventures with tourism operators have benefited conservancies’ members in Namibia over the past 25 years.

Sibeya said the four applicants’ case was filed at the High Court on 13 September and that the applicants asked the court to hear the matter on 15 September, which was a Sunday.

Sibeya said no reasons were given why the application could not be heard on a weekday, rather than the Sunday.

He said in terms of the Environmental Management Act, the environmental commissioner may be asked to suspend or cancel an environmental clearance certificate if the holder of the certificate has contravened any conditions of the certificate or the act.

Without a valid environmental clearance certificate, a person with mining claims cannot lawfully carry out mining activities or the construction of a road.

Sibeya said the applicants could have asked the minister of environment, forestry and tourism to suspend or cancel the environmental clearance certificate held by Ndimulunde.

The two conservancies, the traditional authority and Ultimate Safaris have also filed an application in which they are asking the High Court to review and set aside decisions to register Ndimulunde’s mining claims and to issue an environmental clearance certificate to her.

Senior counsel Andrew Corbett, instructed by Karin Klazen, represented the applicants. Ndimulunde was represented by Tinashe Chibwana, on instructions from Appolos Shimakeleni.