Mining competes with conservation
The Windhoek High Court yesterday put a stop to mining, construction and all other activities on mining claims belonging to Ottilie Ndimulunde until judgment in an urgent application is delivered next Friday.
Judge Orben Sibeya yesterday heard arguments in the application filed over the weekend against Ndimulunde by the Dora !Nawas and Uibasen Twyfelfontein conservancies, the #Aodaman Traditional Authority and Ultimate Safaris. This after the parties discovered that Ndimulunde had resumed construction on a road outside the mining claims, situated about 70 kilometres south-west of Khorixas.
Sibeya said there is a competing interest between mining and conservation.
Tourism organisations had previously approached the court to halt Timoteus Mashuna's road construction activities to his mining claims in the same area. The original injunction against Mashuna had prohibited any further road construction activities.
‘In cahoots’
Ndimulunde has been accused of acting as a proxy for Mashuna after the court had issued an injunction against him. Both listed the same contact address on their environmental impact assessments (EIAs), and both mining permits were issued on the same day - 27 June. They are also using the same environmental assessor and have now enlisted the same road construction company, according to court papers.
The applicants’ legal representative Andrew Corbett said Mashuna and Ndimulunde “are in cahoots” to “bypass the first interdict”.
Lourens Hoeseb, the vice-president of the Doro !Nawas conservancy, said mining operations in the area pose a direct and imminent threat to black rhinos that occur in a joint management area set aside by the three conservancies and Ultimate Safaris for conservation and tourism activities.
Meanwhile, the Sorris Sorris conservancy, where the actual mining activities are taking place, has now turned from plaintiff to co-defendant in the Ndimulunde case. The defendants stand accused of violating the Environmental Management Act in 10 instances, mainly concerning the execution of an EIA. The issues primarily relate to the inclusion of the local population in matters of job creation, communal rights, environmental protection and the dissemination of information about the impact of such mining activities.
Not urgent
Acting on behalf of Ndimulunde, lawyer Tinashe Chibwana countered that his client and Mashuna are operating separately.
He also questioned what interest some of the applicants have in the matter as the mining is taking place in the Sorris Sorris conservancy.
In her founding affidavit, Ndimulunde said the matter is not urgent as the environmental commissioner already found that where the mining has been taking place is not considered an ‘environmentally sensitive’ area.
The judgment in the latest application is set to be delivered on 27 September.
Judge Orben Sibeya yesterday heard arguments in the application filed over the weekend against Ndimulunde by the Dora !Nawas and Uibasen Twyfelfontein conservancies, the #Aodaman Traditional Authority and Ultimate Safaris. This after the parties discovered that Ndimulunde had resumed construction on a road outside the mining claims, situated about 70 kilometres south-west of Khorixas.
Sibeya said there is a competing interest between mining and conservation.
Tourism organisations had previously approached the court to halt Timoteus Mashuna's road construction activities to his mining claims in the same area. The original injunction against Mashuna had prohibited any further road construction activities.
‘In cahoots’
Ndimulunde has been accused of acting as a proxy for Mashuna after the court had issued an injunction against him. Both listed the same contact address on their environmental impact assessments (EIAs), and both mining permits were issued on the same day - 27 June. They are also using the same environmental assessor and have now enlisted the same road construction company, according to court papers.
The applicants’ legal representative Andrew Corbett said Mashuna and Ndimulunde “are in cahoots” to “bypass the first interdict”.
Lourens Hoeseb, the vice-president of the Doro !Nawas conservancy, said mining operations in the area pose a direct and imminent threat to black rhinos that occur in a joint management area set aside by the three conservancies and Ultimate Safaris for conservation and tourism activities.
Meanwhile, the Sorris Sorris conservancy, where the actual mining activities are taking place, has now turned from plaintiff to co-defendant in the Ndimulunde case. The defendants stand accused of violating the Environmental Management Act in 10 instances, mainly concerning the execution of an EIA. The issues primarily relate to the inclusion of the local population in matters of job creation, communal rights, environmental protection and the dissemination of information about the impact of such mining activities.
Not urgent
Acting on behalf of Ndimulunde, lawyer Tinashe Chibwana countered that his client and Mashuna are operating separately.
He also questioned what interest some of the applicants have in the matter as the mining is taking place in the Sorris Sorris conservancy.
In her founding affidavit, Ndimulunde said the matter is not urgent as the environmental commissioner already found that where the mining has been taking place is not considered an ‘environmentally sensitive’ area.
The judgment in the latest application is set to be delivered on 27 September.
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