Africa-Press – Namibia. Managing director of tourism company Ultimate Safaris Tristan Cowley has criticised law enforcement failing to stop the removal of ore from the Goantagab Mine in the Sorris Sorris Conservancy in the Kunene region, “in violation of a court interdict”.
On Saturday, Cowley told The Namibian that Timoteus Mashuna and Ottilie Ndimulunde, who have mining claims in the area – supported by Nexus, Sinco Holdings and Birca Mining – went to the mining site with heavy machinery last Thursday and removed mined ore on Friday afternoon and evening, despite police visiting the site on Friday morning.
This was confirmed by Pieter Hougaard, who said he has applied for a new mining licence after his Goantagab licence was cancelled. He also said the stockpile, worth N$5 million, belonged to him.
‘CONTEMPT OF COURT’
Cowley claimed Mashuna and Ndimulunde were in contempt of a court order, and lamented what he described as “little respect even for the rule of law”.
The police regional commander for Kunene, commissioner James Nderura, confirmed police received the report and went to the site where they found no mining activity taking place. However, they could not intervene in any operations because they lacked a written court order related to mining violations.
Mashuna said moving the ore aligned with the terms of the court interdict.
“Tristan Cowley is interpreting the court order selectively to suit his narrative,” said Mashuna on Saturday.
Ultimate Safaris, as well as the Doro !Nawas and Uibasen Twyfelfontein conservancies under the Aodaman Traditional Authority are opposed to mining at Goantagab. Their legal representatives have threatened contempt of court proceedings against Mashuna, with Cowley arguing that heavy mining machinery will drive away the rhino on which his business is based.
The case has spilled into the High Court, where both Mashuna and Ndimulunde were interdicted from any mining in the area. Additionally, judge Esi Schimming-Chase ordered on 16 October 2024 that Ndimulunde (or anyone employed by her) was interdicted from using heavy machinery to construct a new road to the mining claims, and from conducting any mining on the claims.
A similar order was made against Mashuna by justice AJ Miller on 24 August 2024. However, Mashuna says the interdicts are conditional to the decision of the environment commissioner or the minister.
“The environmental commissioner did not call for stoppage on mining,” Mashuna argued.
In a report compiled after an inspection of the site on 5 and 6 October 2024, following complaints by the conservancies and Ultimate Safaris, environmental commissioner Timoteus Mufeti said that the activities on the mining claims was “generally compliant” with the conditions set out in the Environment Clearance Certificate. Mufeti also said the non-compliant aspects – such as those related to road upgrades – were insignificant and did not warrant suspension of cancellation of the clearance certificate.
CO-EXIST
Chief Sakarias Seibeb of the Dâure Daman Traditional Authority also expressed concern that Ultimate Safaris were motivated by a desire to control “27 hectares” (about 27 football fields) of land. This was in reference to the joint management area the conservancies applied to establish on a 99-year leasehold, over which opponents believe Ultimate Safaris would have had exclusive rights. The Kunene Land Board rejected to the conservancies’ application.
“When Hougaard mined there, Ultimate Safaris did not mind,” said Seibeb, who called for co-existence between tourism and mining.
However, Cowley rejected the proposition of co-existence, claiming that rhino-focused tourism does not co-exist anywhere in the world. “A study at the Huab Conservancy showed that mining displaced rhinos and operations dependant on them,” he said.
However, Mashuna disputed this, citing the B2Gold Mine near Otjiwarongo as an example of large scale open pit mining that has not driven away rhino populations.
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