Legal battle looms over Osino grave exhumations
• Family not consulted, lawyer claims
The remains of four people were exhumed to make way for gold exploration at a farm near Karibib.
A legal battle looms following the exhumation of remains by prospective gold miner Osino Resources.
This after the remains of Johannes and Godfriendine Auchab, as well as those of two of their children, were exhumed to make way for gold exploration at Okwayo Farm, 10 kilometres from Karibib.
Osino intends to conduct further exploration work on its Twin Hills project, which it recently sold to Dundee Precious Metals.
The Auchab family, through their legal representative Norman Tjombe, said the remains were exhumed without proper consultation.
“The destructions of the burial sites and the exhumation of the remains of their family members was unlawful and in violation of not only Section 2 of the Burial Place Ordinance 27 of 1966, but also a blatant violation of our clients’ dignity, customs, traditions and religion, as guaranteed under Articles 8 and 19 of the Namibian Constitution,” Tjombe said.
Osino performed the exhumations without consulting the family, he added.
“Our clients have been in communication with you concerning the burial sites for a considerable time,” he said, adding that for Osino to have “unlawfully and without informing the family” exhumed the remains “defies logic”.
Timeframe
Osino was also accused of not allowing the family the right to practice their cultural and religious customs.
“As you would no doubt know, the reburial of the remains of our clients’ family members involves intricate logistical arrangements, which not only have financial implications, but should also accord with our clients’ customs, culture and religion,” Tjombe said.
Further, the timeframe Osino had suggested did not take into consideration the family’s feelings.
“That you would determine when the reburial should take place, setting a timeframe that you unlawfully called upon yourself through the untimely unlawful destruction of the burial sites and the unlawful exhumation of the remains, exposes yourself to a level of insensitivity that is tantamount to further violating our clients’ rights.”
Sought input
According to Osino, it had engaged the family for the last year regarding the exhumation of the remains, and always sought their input.
“Osino has been engaging with the direct descendants of the deceased over the last year or so, with a view to getting their unanimous input and guidance with respect to the process to be followed.”
The company defended its conduct, saying it had taken meticulous care to ensure the remains of the Auchabs remained intact.
“The remains have been placed in coffins and are currently housed at Nambob's facilities in Swakopmund. This arrangement is temporary as Osino makes preparations for the reburial at the Karibib cemetery,” it said.
“We have been advised by the specialist archaeologist supervising the process that owing to the fragile nature of the remains, they should be reburied as soon as possible - ideally not later than by the end of next week.”
The Auchab family is demanding N$30 million from Osino, while the company has offered to pay compensation to the tune of N$800 000, New Era reported.
This after the remains of Johannes and Godfriendine Auchab, as well as those of two of their children, were exhumed to make way for gold exploration at Okwayo Farm, 10 kilometres from Karibib.
Osino intends to conduct further exploration work on its Twin Hills project, which it recently sold to Dundee Precious Metals.
The Auchab family, through their legal representative Norman Tjombe, said the remains were exhumed without proper consultation.
“The destructions of the burial sites and the exhumation of the remains of their family members was unlawful and in violation of not only Section 2 of the Burial Place Ordinance 27 of 1966, but also a blatant violation of our clients’ dignity, customs, traditions and religion, as guaranteed under Articles 8 and 19 of the Namibian Constitution,” Tjombe said.
Osino performed the exhumations without consulting the family, he added.
“Our clients have been in communication with you concerning the burial sites for a considerable time,” he said, adding that for Osino to have “unlawfully and without informing the family” exhumed the remains “defies logic”.
Timeframe
Osino was also accused of not allowing the family the right to practice their cultural and religious customs.
“As you would no doubt know, the reburial of the remains of our clients’ family members involves intricate logistical arrangements, which not only have financial implications, but should also accord with our clients’ customs, culture and religion,” Tjombe said.
Further, the timeframe Osino had suggested did not take into consideration the family’s feelings.
“That you would determine when the reburial should take place, setting a timeframe that you unlawfully called upon yourself through the untimely unlawful destruction of the burial sites and the unlawful exhumation of the remains, exposes yourself to a level of insensitivity that is tantamount to further violating our clients’ rights.”
Sought input
According to Osino, it had engaged the family for the last year regarding the exhumation of the remains, and always sought their input.
“Osino has been engaging with the direct descendants of the deceased over the last year or so, with a view to getting their unanimous input and guidance with respect to the process to be followed.”
The company defended its conduct, saying it had taken meticulous care to ensure the remains of the Auchabs remained intact.
“The remains have been placed in coffins and are currently housed at Nambob's facilities in Swakopmund. This arrangement is temporary as Osino makes preparations for the reburial at the Karibib cemetery,” it said.
“We have been advised by the specialist archaeologist supervising the process that owing to the fragile nature of the remains, they should be reburied as soon as possible - ideally not later than by the end of next week.”
The Auchab family is demanding N$30 million from Osino, while the company has offered to pay compensation to the tune of N$800 000, New Era reported.
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