Erindi turns to court to halt mining operations
Mining exploration licence already issued
In addition to an urgent application for an interim interdict, Erindi management has also filed a review application at the Windhoek High Court.
"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 exclusive prospecting licence (EPL) within a private nature and wildlife reserve [Erindi] to be granted."
This was stated by the general manager of Erindi Private Game Reserve, Paul Joubert, in a statement submitted to the Windhoek High Court as part of an urgent application against, among others, the enviornment, forestry and tourism ministry, the ministry of mines and energy, the minerals ancillary rights commission (MARC) and Lahia Ndinelago Junias, the holder of an EPL.
In the urgent application, the operators of Erindi request an interim interdict that will halt the hearing of Junias' application for special rights to access the area, pending the outcome of a court application in which they challenge the issuance of the EPL and the ECC.
The parties appeared before Judge Hannlie Prinsloo on Tuesday, and the case was postponed until today.
Safety concerns
In court documents, Joubert stated that Erindi, which is about 70 000 hectares in size, is home to rhinos, over 200 elephants, and numerous other endangered wildlife. He asserts that mining activities and exploration in this area will disrupt the animals and cause stress that 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 ensure anyone's personal safety in the area, and it will create unmanageable human-animal conflict, which we are very cautious to avoid," Joubert said, adding that it could 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 transaction was based on the intention for Erindi to remain a nature and wildlife reserve.
Joubert explains that they only became aware of EPL 8325 this year, which had already been approved in October 2022 and is valid until 28 September 2025. It was reportedly issued for dimension stone, base and rare metals, industrial minerals, and precious metals.
Joubert claims that the EPL area falls entirely within Erindi. In the review application, Erindi relies on various grounds to challenge the decision to issue the EPL. Among other things, they argue that they were not given the opportunity to be heard before the decision was made, that the ministry did not consider the state of the environment, and that the ministry did not take the conservation and protection of animals into account. They also challenge the issuance of the Environmental Clearance Certificate (ECC) for the EPL in their review application. Joubert argues that the ECC was issued under the misconception that the area does not fall within Erindi's boundaries.
Hearing and interdict
In May of this year, Junias approached the government for assistance in gaining access to the area for which she has an EPL, because the operators of Erindi did not allow her access to the area. She therefore submitted an application to MARC, and the parties were invited to make representations on 20 and 21 May.
Erindi's legal representative attended the MARC hearing on 21 May, and Junias denied knowing that the area falls within the boundaries of Erindi.
The parties were then given an opportunity to negotiate access to the area, and the matter was postponed to 21 June to hear the outcome of the negotiations.
However, Erindi's operators claim that the MARC hearing was flawed and unlawful and have consequently brought the review application to the High Court.
They requested that MARC suspend the hearing and not make any decisions regarding Junias' application pending the outcome of the review application.
When they did not hear anything from MARC in this regard, they filed an urgent application to compel MARC to halt the process until the review application is finalised.
– [email protected]
This was stated by the general manager of Erindi Private Game Reserve, Paul Joubert, in a statement submitted to the Windhoek High Court as part of an urgent application against, among others, the enviornment, forestry and tourism ministry, the ministry of mines and energy, the minerals ancillary rights commission (MARC) and Lahia Ndinelago Junias, the holder of an EPL.
In the urgent application, the operators of Erindi request an interim interdict that will halt the hearing of Junias' application for special rights to access the area, pending the outcome of a court application in which they challenge the issuance of the EPL and the ECC.
The parties appeared before Judge Hannlie Prinsloo on Tuesday, and the case was postponed until today.
Safety concerns
In court documents, Joubert stated that Erindi, which is about 70 000 hectares in size, is home to rhinos, over 200 elephants, and numerous other endangered wildlife. He asserts that mining activities and exploration in this area will disrupt the animals and cause stress that 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 ensure anyone's personal safety in the area, and it will create unmanageable human-animal conflict, which we are very cautious to avoid," Joubert said, adding that it could 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 transaction was based on the intention for Erindi to remain a nature and wildlife reserve.
Joubert explains that they only became aware of EPL 8325 this year, which had already been approved in October 2022 and is valid until 28 September 2025. It was reportedly issued for dimension stone, base and rare metals, industrial minerals, and precious metals.
Joubert claims that the EPL area falls entirely within Erindi. In the review application, Erindi relies on various grounds to challenge the decision to issue the EPL. Among other things, they argue that they were not given the opportunity to be heard before the decision was made, that the ministry did not consider the state of the environment, and that the ministry did not take the conservation and protection of animals into account. They also challenge the issuance of the Environmental Clearance Certificate (ECC) for the EPL in their review application. Joubert argues that the ECC was issued under the misconception that the area does not fall within Erindi's boundaries.
Hearing and interdict
In May of this year, Junias approached the government for assistance in gaining access to the area for which she has an EPL, because the operators of Erindi did not allow her access to the area. She therefore submitted an application to MARC, and the parties were invited to make representations on 20 and 21 May.
Erindi's legal representative attended the MARC hearing on 21 May, and Junias denied knowing that the area falls within the boundaries of Erindi.
The parties were then given an opportunity to negotiate access to the area, and the matter was postponed to 21 June to hear the outcome of the negotiations.
However, Erindi's operators claim that the MARC hearing was flawed and unlawful and have consequently brought the review application to the High Court.
They requested that MARC suspend the hearing and not make any decisions regarding Junias' application pending the outcome of the review application.
When they did not hear anything from MARC in this regard, they filed an urgent application to compel MARC to halt the process until the review application is finalised.
– [email protected]
Comments
Namibian Sun
No comments have been left on this article