Court order against road construction to tin mine near Khorixas
Ndimulunde must pay legal costs
High Court judge Collins Parker considers the urgent application of two conservancy areas in the Kunene Region as urgent.
Windhoek High Court judge Collins Parker on Monday dismissed a counter-application by Ottilie Ndimulunde against an urgent court application involving two communal conservation areas in the Kunene Region, a traditional authority and a tourism company.
"The first respondent came to play rugby, but the match was, in fact, a soccer match," Parker argued in the court ruling, declaring the case of the four applicants concerning a new road to a tin mine as urgent.
The four applicants are the conservation areas of Doro !Nawas and Ûibasen Twyfelfontein, as well as the ≠Aodaman Traditional Authority and Ultimate Safaris.
According to the court ruling, Ndimulunde – the first respondent – or anyone employed by her or acting under her direction is prohibited from using any heavy machinery, including road graders, excavators and dump trucks, to construct any new road from the D2612 road in a western direction to a mine site in the Khorixas district.
Court order
Any new roads, roadworks or vehicle tracks are also prohibited on Farms 535 Probeer and 527 Draaihoek in the Khorixas district by court order.
Furthermore, Ndimulunde or any person employed by her or acting under her direction is prohibited from conducting any mining activities on mining claims 72300, 72301, 72302, 72303, 72304, 72305, 72400 and 72401 in any manner whatsoever.
No further mining activities may take place on mining claim 7402 of the sixth respondent, Timoteus Mashuna, the court stated.
Ndimulunde must also pay the applicants' legal costs.
The case stems from an urgent court application by the four applicants against Ndimulunde, environmental commissioner Timoteus Mufeti, environment minister Pohamba Shifeta, mining commissioner Isabella Kandjii-Chirchir, Mashuna, the Sorris Sorris conservation area and the Daure Daman Traditional Authority, following the construction of roads in environmentally sensitive areas to the proposed tin mine.
The four applicants are concerned about the impact of mining on tourism and wildlife and believe that the environmental impact study and the Office of the Environmental Commissioner have failed to sufficiently address the consequences of mining in sensitive areas on wildlife and the tourism activities dependent on that wildlife.
"The first respondent came to play rugby, but the match was, in fact, a soccer match," Parker argued in the court ruling, declaring the case of the four applicants concerning a new road to a tin mine as urgent.
The four applicants are the conservation areas of Doro !Nawas and Ûibasen Twyfelfontein, as well as the ≠Aodaman Traditional Authority and Ultimate Safaris.
According to the court ruling, Ndimulunde – the first respondent – or anyone employed by her or acting under her direction is prohibited from using any heavy machinery, including road graders, excavators and dump trucks, to construct any new road from the D2612 road in a western direction to a mine site in the Khorixas district.
Court order
Any new roads, roadworks or vehicle tracks are also prohibited on Farms 535 Probeer and 527 Draaihoek in the Khorixas district by court order.
Furthermore, Ndimulunde or any person employed by her or acting under her direction is prohibited from conducting any mining activities on mining claims 72300, 72301, 72302, 72303, 72304, 72305, 72400 and 72401 in any manner whatsoever.
No further mining activities may take place on mining claim 7402 of the sixth respondent, Timoteus Mashuna, the court stated.
Ndimulunde must also pay the applicants' legal costs.
The case stems from an urgent court application by the four applicants against Ndimulunde, environmental commissioner Timoteus Mufeti, environment minister Pohamba Shifeta, mining commissioner Isabella Kandjii-Chirchir, Mashuna, the Sorris Sorris conservation area and the Daure Daman Traditional Authority, following the construction of roads in environmentally sensitive areas to the proposed tin mine.
The four applicants are concerned about the impact of mining on tourism and wildlife and believe that the environmental impact study and the Office of the Environmental Commissioner have failed to sufficiently address the consequences of mining in sensitive areas on wildlife and the tourism activities dependent on that wildlife.
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