Court halts construction of mining road in conservancies
Interdict granted
A review process will be launched with the environmental commissioner in relation to the environmental clearance certificate issued for the planned mining operations.
An interdict was issued this past weekend that temporarily prohibits planned mining operations and the construction of a new road in a tourism concession area in the Khorixas district.This comes after Ultimate Safaris as well as the Sorris Sorris, Doro !Nawas and Uibasen Twyfelfontein conservancies filed an urgent application in the high court against Timoteus Mashuna, the deputy director of policy research and registration services in the Ministry of Defense and Veterans Affairs.
Mashuna has registered nine mining claims for base and rare metals, industrial minerals and precious and semi-precious stones in the area. However, the area is a joint management area between the three conservancies, while separate joint agreements are in place with Ultimate Safaris.
According to the court order issued on Saturday, Mashuna - or any person in his employ or acting under his direction - may not use heavy machinery, including bulldozers, excavators and tipper trucks, to construct a new road from the D2612 in a westerly direction to the premises.
Ultimate Safaris managing director Tristan Cowley said they have 14 days from the date of the court order to launch a review process with the Environment Commissioner regarding the Environmental Clearance Certificate (EIA) issued to Mashunga for mining operations in this area. "Then a decision must be made and we have the right to appeal against this decision in court. Until that appeal process is over, they are not allowed to continue with any operations."
'Shocking'
Cowley said they learned of the mining operations last Wednesday from contractors on the land near their Onduli and Doros properties, and on Friday they discovered that a road has started to be built which is believed to be the width of a district road.
"This is contrary to the provisions of their environmental impact and environmental management plan, which states that they may only use existing roads and consult with tourism operators in the area, which of course was not the case."
According to Cowley, they submitted an application for an urgent interdict on behalf of the Doro !Nawas, Uibasen Twyfelfontein, Sorris Sorris conservancies and themselves, which was granted on Saturday evening and the court ordered that all operations cease.
"It is worth noting that the area in question has been declared a core area for the breeding of black rhino and all three conservancies have stated in their wildlife management and utilisation plans (GMUP) that no mining operations can take place there."
He said that plans had to be submitted to the Ministry of the Environment, Forestry and Tourism and this is a requirement without which conservation areas do not receive any hunting quotas. "The fact that the ministry has it and the directorate of environmental affairs still issued an environmental clearance certificate (ECC) is shocking."
Destruction
Photos show that the road built to the mine site has been graded across the Onduli entrance road, past a sign stating "no access" and "private concession".
Karin Klazen of Ellis Shilengudwa Incorporated said in a letter to Mashuna on behalf of the applicants that they plan to take legal action against him for alleged environmental destruction which they say was illegally caused in the conservation areas during the construction of the road.
According to the letter, the conservation areas are in the process of also filing a criminal complaint against Mashuna in terms of the environmental management act.
Ultimate Safaris has reportedly invested almost N$70 million in infrastructure, the community and conservation in these areas and all three conservancies are active joint partners in their current three sites in the area, namely Onduli Ridge, Onduli Enclave and Doros Camp.
"We are ready to build another lodge in the joint management area, Doros Plains, later this year. This is another investment of N$30 million," said Cowley.
Once this fourth camp is open, these camps will collectively generate more than N$3 million annually in cash for the conservation areas, as well as more than N$12 million in salaries and accommodation allowances for the staff working in the four camps.
Cowley said conservation tourism in the area employs more than 100 people. "As a company, a tour operator that also runs camps, we contribute almost N$250 million to Namibia's economy annually." - [email protected]