The environmental commissioner has been ordered to decide by next Thursday whether environmental clearance certificates issued to a holder of mining claims in the Kunene region should be suspended or cancelled.
Judge Esi Schimming-Chase issued the order in the Windhoek High Court yesterday.
She also ordered that no mining activities may take place on eight mining claims held by Windhoek resident Ottilie Ndimulunde until the environmental commissioner has made his decision.
Schimming-Chase further ordered that Ndimulunde and any person employed by her or acting under her directions may not construct a new road to the site of her mining claims.
The mining claims are situated in a part of the Kunene region south-west of Khorixas and north-west of Uis.
The area is part of the habitat of highly endangered black rhinoceroses.
The order against Ndimulunde follows about four weeks after an interim interdict stopping mining activities on her claims and the construction of a road to the site of the claims was first issued by High Court judge Orben Sibeya.
That order lapsed when Sibeya struck an urgent application by two Kunene region conservancies, a traditional authority and the tourism company Ultimate Safaris, which applied for the order, off the court roll on 27 September.
The Doro !Nawas and Ûibasen Twyfelfontein conservancies, the ≠Aodaman Traditional Authority and Ultimate Safaris filed a new urgent application against Ndimulunde after Sibeya’s judgement on their first application was delivered.
With the new application, they informed the court that they have asked the environmental commissioner to cancel the environmental clearance certificates issued to Ndimulunde and another holder of mining claims in the area, Timotheus Mashuna.
The environmental clearance certificates allow Ndimulunde and Mashuna to carry out mining operations on their claims.
The two conservancies, the traditional authority and Ultimate Safaris are claiming that road construction and mining activities in the area of Ndimulunde’s mining claims will pose a direct threat to black rhinos, which are an important tourist attraction in the area, by disturbing the animals’ habitat and increasing the risk of rhinos being poached.
Ndimulunde opposed the application for an order to stop mining activities on her claims and the construction of a road to the site of her claims.
She alleged that her mining claims are in an area that is part of the Sorris Sorris Conservancy and under the jurisdiction of the Dâure Daman Traditional Authority, which are both supporting mining activities in the area.
Schimming-Chase noted in her judgement that the area in question is jointly managed by the Doro !Nawas, Ûibasen Twyfelfontein and Sorris Sorris conservancies.
The conservancies are legally obliged to manage fauna and flora in their areas with the Ministry of Environment, Forestry and Tourism, and this includes particular responsibilities for the management of wildlife like black rhinos, Schimming-Chase said.
Ndimulunde denied that a new road was being made to the site of her mining claims.
However, Schimming-Chase remarked that photos filed at the court clearly show not only that a wide road has been created and graded, but also that trees have been uprooted in the process.
Evidence provided to the court at this stage shows that the environmental clearance certificate granted to Ndimulunde has not been complied with, but that is something that should be decided by the environmental commissioner, Schimming-Chase stated.
The environmental clearance certificate was based on an undertaking that no new roads would be established in the area and that Ndimulunde would work closely with tourism operators in the area of her claims “to ensure there is compatibility between tourism and the planned small to medium scale mining project”.
Schimming-Chase remarked: “Whilst it may be so that it is normal and acceptable for mining activities to occur in an area where tourism activities occur, co-existence would logically remain the key word. This co-existence assumes balancing environmental conservation and tourism in this instance and mining, both of which contribute to Namibia’s development.”
She added: “It also assumes that mining should not severely impact ecosystems, wildlife habitats and the community members of the communal land concerned.
“A harmonised environment based on proper researched and considered legislation and policy, as well as application and implementation of the relevant legal frameworks, is necessary to protect both interests.”
Senior counsel Andrew Corbett, instructed by Karin Klazen, represented the applicants in the matter.
Ndimulunde was represented by Tinashe Chibwana on instructions from Appolos Shimakeleni.
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