Kunene miner’s leave to appeal denied
An application for leave to appeal a ruling in favour of two communal conservancies in the Kunene Region, a traditional authority, and tourism companies has been dismissed by the High Court.
Judge Boas Usiku rejected the appeal application of Ottilie Ndimulunde against the Doro !Nawas and Ûibasen Twyfelfontein conservancies, the ≠Aodaman Traditional Authority, and Ultimate Safaris, upholding a previous decision made on 2 December 2024.
According to Judge Usiku, the application was dismissed on the grounds that the order being appealed was not appealable. Ndimulunde was also ordered to pay the legal costs of the four respondents, and the case was removed from the court roll.
The December court ruling prohibited Ndimulunde or any person acting on her behalf from using heavy machinery, including road graders, excavators, and dump trucks, to construct any new roads extending westward from the D2612 road to a mining site in the Khorixas district.
Additionally, any new roads, roadworks, or vehicle tracks were banned on Farms 535 Probeer and 527 Draaihoek in the Khorixas district by the court order. Ndimulunde or any of her associates were also prohibited from conducting any mining operations on mining claims 72300, 72301, 72302, 72303, 72304, 72305, 72400, and 72401.
Furthermore, no additional mining activities are allowed on mining claim 7402, which belongs to the sixth respondent, Timoteus Mashuna.
The case arose from an urgent court application by the four applicants against Ndimulunde, Environmental Commissioner Timoteus Mufeti, the Minister of Environment, Forestry, and Tourism Pohamba Shifeta, Mining Commissioner Isabella Kandjii-Chirchir, Mashuna, the Sorris Sorris Conservancy, and the Daure Daman Traditional Authority. The application followed the construction of roads in environmentally sensitive areas leading to the proposed tin mine.
Judge Boas Usiku rejected the appeal application of Ottilie Ndimulunde against the Doro !Nawas and Ûibasen Twyfelfontein conservancies, the ≠Aodaman Traditional Authority, and Ultimate Safaris, upholding a previous decision made on 2 December 2024.
According to Judge Usiku, the application was dismissed on the grounds that the order being appealed was not appealable. Ndimulunde was also ordered to pay the legal costs of the four respondents, and the case was removed from the court roll.
The December court ruling prohibited Ndimulunde or any person acting on her behalf from using heavy machinery, including road graders, excavators, and dump trucks, to construct any new roads extending westward from the D2612 road to a mining site in the Khorixas district.
Additionally, any new roads, roadworks, or vehicle tracks were banned on Farms 535 Probeer and 527 Draaihoek in the Khorixas district by the court order. Ndimulunde or any of her associates were also prohibited from conducting any mining operations on mining claims 72300, 72301, 72302, 72303, 72304, 72305, 72400, and 72401.
Furthermore, no additional mining activities are allowed on mining claim 7402, which belongs to the sixth respondent, Timoteus Mashuna.
The case arose from an urgent court application by the four applicants against Ndimulunde, Environmental Commissioner Timoteus Mufeti, the Minister of Environment, Forestry, and Tourism Pohamba Shifeta, Mining Commissioner Isabella Kandjii-Chirchir, Mashuna, the Sorris Sorris Conservancy, and the Daure Daman Traditional Authority. The application followed the construction of roads in environmentally sensitive areas leading to the proposed tin mine.
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