Erindi wins interdict against mining exploration
The operators of Erindi Private Game Reserve have succeeded in obtaining an interim interdict against mining exploration activities within the reserve.
An urgent application for the interdict was brought as part of a review application to challenge the decision to issue an exploration license (EPL) for mining operations.
The license was issued to one Lahia Junias and Erindi claims that the area covered by the license falls within the boundaries of the reserve.
Erindi general manager Paul Joubert warned that mining and exploration operations in the area of Erindi will have serious consequences for the environment, animals and the reserve's operations.
After Junias was denied access to the area, she brought an application to the Minerals Ancillary Rights Commission (MARC) to gain access to the area in order to conduct exploration based on the licence that was issued in October last year.
Court order
Erindi brought the urgent application to halt this application and hearing, pending their challenge against the issuance of the licence. The interdict was granted on Thursday in the High Court in Windhoek by judge Hannelie Prinsloo.
"Pending the outcome of the review application, the commission [MARC] is hereby enjoined from proceeding with the hearing or making a decision in relation to the application by [Lahia Junias]," the court ordered.
"In the event that the commission has already made a decision to grant the application, the commission is prohibited from implementing the decision."
In relation to the review application, which was not brought on an urgent basis, the case was adjourned until 3 October for further pre-trial proceedings.
The respondents in the application are the mines and environment ministries, government and the president.
Licence challenged
In court documents, Joubert claims that Erindi – which is about 70 000 hectares in size - is home to rhinos and over 200 elephants, as well as numerous other endangered and dangerous animals. He claims that mining operations and exploration in this area will disrupt the wildlife and cause stress, which could lead to possible deaths.
“Furthermore, given the number of dangerous animals (lions, hyenas, wild dogs, hippos, elephants and rhinos) in Erindi, the applicants are not in a position to protect anyone's personal safety in the area. This will cause unmanageable human-animal conflict, which we are very careful to avoid," Joubert said, adding that it might also attract poachers to the area.
Joubert further pointed out that the acquisition of Erindi by foreign investors was the single largest investment in Namibia in 2020 and that the transaction is based on the intention that Erindi will remain a nature and wildlife reserve.
“Exploration and mining activities can result in the death of animals and the destruction of habitat. It is inconceivable to the applicants why the ministry of mines and energy would allow – what appears to be a speculative EPL [exclusive prospecting license] within a private nature and wildlife reserve [Erindi] – to be granted."
– [email protected]
An urgent application for the interdict was brought as part of a review application to challenge the decision to issue an exploration license (EPL) for mining operations.
The license was issued to one Lahia Junias and Erindi claims that the area covered by the license falls within the boundaries of the reserve.
Erindi general manager Paul Joubert warned that mining and exploration operations in the area of Erindi will have serious consequences for the environment, animals and the reserve's operations.
After Junias was denied access to the area, she brought an application to the Minerals Ancillary Rights Commission (MARC) to gain access to the area in order to conduct exploration based on the licence that was issued in October last year.
Court order
Erindi brought the urgent application to halt this application and hearing, pending their challenge against the issuance of the licence. The interdict was granted on Thursday in the High Court in Windhoek by judge Hannelie Prinsloo.
"Pending the outcome of the review application, the commission [MARC] is hereby enjoined from proceeding with the hearing or making a decision in relation to the application by [Lahia Junias]," the court ordered.
"In the event that the commission has already made a decision to grant the application, the commission is prohibited from implementing the decision."
In relation to the review application, which was not brought on an urgent basis, the case was adjourned until 3 October for further pre-trial proceedings.
The respondents in the application are the mines and environment ministries, government and the president.
Licence challenged
In court documents, Joubert claims that Erindi – which is about 70 000 hectares in size - is home to rhinos and over 200 elephants, as well as numerous other endangered and dangerous animals. He claims that mining operations and exploration in this area will disrupt the wildlife and cause stress, which could lead to possible deaths.
“Furthermore, given the number of dangerous animals (lions, hyenas, wild dogs, hippos, elephants and rhinos) in Erindi, the applicants are not in a position to protect anyone's personal safety in the area. This will cause unmanageable human-animal conflict, which we are very careful to avoid," Joubert said, adding that it might also attract poachers to the area.
Joubert further pointed out that the acquisition of Erindi by foreign investors was the single largest investment in Namibia in 2020 and that the transaction is based on the intention that Erindi will remain a nature and wildlife reserve.
“Exploration and mining activities can result in the death of animals and the destruction of habitat. It is inconceivable to the applicants why the ministry of mines and energy would allow – what appears to be a speculative EPL [exclusive prospecting license] within a private nature and wildlife reserve [Erindi] – to be granted."
– [email protected]
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