Govt to crack down on mining rehabilitation failures

The environment ministry is moving to strengthen environmental management in Namibia, with a sharper focus on holding mining companies accountable for rehabilitation and ensuring sustainable resource use.

Proposed amendments to the Environmental Management Act (EMA) and new sand and gravel mining regulations were discussed during a public consultation in Rundu on Friday, where environmental commissioner Timoteus Mufeti stressed the urgent need for reform.

“Many times we come to the end of a project and there is no money from the applicant to carry out rehabilitation,” Mufeti said. “Sometimes they even file for bankruptcy, and the state has to find money to rehabilitate the site.”

Under the proposed changes, companies undertaking activities that require rehabilitation must demonstrate financial security before approval is granted.

The funds would be held independently and used only if the proponent fails to restore the land. “If you rehabilitate properly and everything is in order, then the money is released back to you. But if you become unable to carry out your rehabilitation, we will take that money and use it to repair the damage, at your cost,” he explained.

Clear rules needed

Mufeti also emphasised the need for clear regulations governing sand and gravel mining, which has grown significantly in recent years.

“Sand mining is the removal of sand for commercial purposes,” he said, differentiating it from sand excavation for personal construction use. He highlighted the importance of clear rules to prevent entrepreneurs from exploiting legal loopholes or challenging enforcement in court.

The current EMA contains enforcement gaps, particularly regarding penalties and compliance.

“There is some ambiguity in terms of fines and penalties for non-compliance. If you look at the Environmental Management Act, it only refers to one large fine that must be determined by the prosecutor general through court proceedings. So it takes time,” Mufeti noted.

“At the moment, there is no spot fine that we can issue. What we do is issue a compliance order, and the person goes to court. By the time the matter is finalised, the damage continues.”

Streamlining processes

To address complaints about delays in issuing environmental clearance certificates, the amendments propose categorising activities according to their environmental impact.

Smaller projects would undergo simpler assessments, while larger projects would require full environmental impact assessments. Currently, the Office of the Environmental Commissioner has only nine to ten staff members processing an average of 150 applications per month, a workload that significantly slows approvals.

Applications must also pass through line ministries before reaching the commissioner, causing further delays. The amendments would allow applicants to submit directly to the commissioner’s office, which would then consult relevant ministries as needed. Mufeti said this would streamline approvals while maintaining necessary inter-ministerial input.

Strengthening accountability and oversight

The amendments further propose establishing expert committees to assist the commissioner with large or complex projects, introducing formal compliance audits, and accrediting local laboratories to ensure reliable testing.

Projects in the same area could be grouped for assessment to speed up approvals, and climate change mitigation and adaptation measures would become legally enforceable.

“Companies must be held accountable for their impact on the environment and communities,” Mufeti said.

He added that rivers, coastal zones and public areas would receive greater protection and that the validity of environmental clearance certificates would be extended from three to five years.

Balance power

During the consultation, Rundu Rural constituency councillor Paulus Mbangu emphasised the need for transparency and community involvement.

“While it is important to streamline approvals, we cannot give the environmental commissioner unchecked authority to approve applications directly,” he said.

“There is a risk that if one person has too much power, decisions could be influenced by bribery or personal interests, and the community ends up paying the price.” Mbangu suggested that a committee should approve such certificates to ensure transparency.

However, Mbangu supported key aspects of the bill, particularly the requirement for companies to provide financial guarantees for rehabilitation.

“I fully support the part of the bill that ensures companies cannot simply exploit resources and leave the land degraded. They must take responsibility and set aside money for rehabilitation so that the environment and communities are protected,” he said.

He also stressed that the regulations must explicitly cover sand and gravel mining to ensure effective enforcement.

“The law must clearly include sand and gravel mining under Section 56, along with environmental impact assessments, waste management and administrative provisions, so that no entrepreneur can claim that a regulation is unlawful in court,” Mbangu said.

Mufeti urged stakeholders to participate actively in the consultation process. “We are not here forever. We must ask ourselves what we have done for our communities, our country and our environment. Our responsibility is to leave Namibia in a better state for future generations,” he said.