Kunene conservancies, tourism company fail with urgent case over mining in rhino area

A case in which two Kunene conservancies, a traditional authority and a tourism company tried to get a court order to stop mining activities and the construction of a road in their area is not urgent, a judge ruled in the Windhoek High Court on Friday.

Judge Orben Sibeya ruled 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 ordered that the application be struck from the court’s roll, and that the four applicants should pay the legal costs of Windhoek resident Ottilie Ndimulunde in the matter.

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.

The parties 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 Hoeseb said in a sworn statement filed at the court.

Hoeseb said black rhinos in the area 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.

Ndimulunde also denied that she is having a new road constructed in the area.

Ndimulunde further 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.

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.