Baynes dam project lacks environmental clearance

The Office of the Ombudsman has found that consultations undertaken for the proposed 860-megawatt Baynes hydropower dam do not satisfy the Environmental Management Act and that formal consultation with affected communities has not yet begun.

In a written response to Namibian Sun dated 10 August, the office said the Baynes project leader had told its investigation team that directly affected communities had been consulted and that the recognised traditional authority, together with the Kunene Association of Traditional Authorities, supports the development.

"However, the Ombudsman's finding is that these consultations do not, on their own, satisfy the consultation requirements under the Environmental Management Act, No. 7 of 2007," the office said.

The Ombudsman’s office also confirmed that there is currently no environmental clearance certificate for the project.

Environment ministry spokesperson Vilho Hangula separately confirmed this week that no application for a certificate has been lodged and that an assessment is being conducted by Environmental Resources Management with Urban Dynamics. A heritage impact assessment will form part of the process.

Asked whether the project could proceed without a certificate, Hangula answered: “No.”

Project timeline

The Baynes Binational Project Implementation Unit, which operates under the Lower Cunene Hydropower Authority, was asked whether consultations had been held since 2011.

In a written response to Namibian Sun dated 10 August, senior project director Muyenga Muyenga said public consultation is required by the environmental legislation of Angola and Namibia and by international guidelines, and that "It is a legislative requirement, and it has been complied with.”

He said applications for clearance for the main and regulating dams would be submitted to the environmental authorities of both countries by the second quarter of 2027.

A project presentation shows dam construction beginning in the fourth quarter of 2027, with commercial operation targeted for 2033. Free, prior and informed consent is scheduled for November 2026, while a census of people living within the project area is expected before the end of this year.

The project comprises an 860MW main dam with a 200-metre wall, 45km downstream of Epupa Falls, and a 21MW regulating dam. The reservoir would extend about 40km, with capital expenditure, including interest during construction, estimated at US$1.51 billion.

Complaints lodged

The Ombudsman’s investigation and April 2026 site visit followed a complaint lodged in April 2024 by the Ombuku-Kapika and Tjizapundu Traditional Authorities, EarthLife Namibia and International Rivers.

Asked what accounted for the two-year interval before the April site visit, the office cited limited resources and a progressive investigation process beginning with preliminary enquiries.

The investigation records divergent views among communities. At Omuhonga, the delegation met more than 200 people who said they had been excluded from decision-making.

At Orokaue, near the proposed dam site, the report states that communities “strongly and happily expressed support for the project”.

The project office said it had verified that the Ombuku-Kapika Traditional Authority, led by Chief Kapika Snr, "has not submitted any complaint as alleged in your email, and they remain supportive of the Baynes Binational Hydropower Project.”

A complaint bearing the Ombudsman’s date stamp of 18 April 2024 was signed by Mutaambanda Kapika of the Ombuku-Kapika Traditional Authority and Kapirurua Muhenje of the Tjizapundu Traditional Authority, and both are named as complainants in the Ombudsman’s report.

Muyenga said Ombuku refers to Chief Kapika Snr, who has representatives on the steering committee, and that a breakaway group had used the name Ombuku in a complaint opposing the project.

Chief Kapika Snr "is fully in support of the project", Muyenga said.

Neither complainant sits on the 18-member Baynes Stakeholder Steering Committee on resettlement.

The project office said stakeholder identification was done by the Kunene North Traditional Leaders Forum, the regional governor’s office and the Kunene Regional Council, and that the Baynes project unit played no role.

The presentation acknowledges that “a minority group”, mainly people living at Omuhonga, remains opposed to the project.

The project presentation lists more than 30 engagements between 2009 and February 2024, at venues including Opuwo, Epupa, Okongwati, Orokaue, Windhoek, Ondangwa and locations in Angola. Omuhonga does not appear among the venues.

International Rivers said a petition had attracted 2 011 signatures in Namibia and Angola, with a further 460 collected online as at 10 August.