Land council now part of Recon case

In a matter in which a resident of the Mbambi informal settlement in the Kavango East Region is challenging oil giant Reconnaissance Energy Namibia (ReconAfrica) in court, the communal land council in the region was recently added to the case.This after Andreas Sinonge, who filed the case against ReconAfrica in April 2021, submitted an application to the court.According to a court order issued on Tuesday, the application was granted and the council is now listed as the seventh respondent in the case.BackgroundIn October 2020, the Shambyu Traditional Authority allocated a section of communal land in Mbambi to ReconAfrica. A letter of consent was handed over to the company, which empowered it to occupy this land as a drilling site from March 2021.Sinonge claimed that in terms of section 28 of the Communal Land Reform Act, he has exclusive customary rights to the land and that the oil company - without any deliberation or prior notice - destroyed the natural forest and fields on the land to drill its second test borehole.He is demanding an order to remove ReconAfrica from the communal land and to rehabilitate the area so he can return to his land.Land boardThe Shambyu Traditional Authority falls under the control and administration of the Kavango East communal land board.“The land that is the subject of this dispute therefore falls under the jurisdiction of the council. The council is responsible for the administration and registration of communal land rights in the Kavango East Region and therefore controls the land and therefore has an interest in these proceedings," Sinonge argued in his application.ReconAfrica claimed to have submitted an application for registration to the council and the application is apparently still pending."The council&#039;s decision on ReconAfrica&#039;s application could have a direct impact on these proceedings. In addition, the council must also be aware of proceedings that are directly related to the land that is the centre of the pending application, in order to make a decision."Sinonge further argued that the absence of the council poses a risk for the court in respect of an order or judgment that must be enforced and/or administered by a council that was not part of the proceedings.Request failedMeanwhile, ReconAfrica attempted to appeal two of judge Eileen Rakow&#039;s rulings last year, but failed.The first decision the company was dissatisfied with was Rakow&#039;s order on 23 and 24 November 2021 when she gave Sinonge an opportunity to submit his answering affidavit to the court.ReconAfrica said Sinonge did not submit a substantive application to ask for leave from the court and Rakow therefore apparently committed a legal error.The company is also dissatisfied with Rakow&#039;s decision not to recuse herself from the case when ReconAfrica brought a withdrawal application.In July last year, Rakow rejected the company&#039;s application for leave to appeal to challenge these decisions.ReconAfrica then requested the court to review this decision, and deputy Chief Justice Petrus Damaseb issued an order on 20 December that the appeal request was also dismissed.– kristien@republikein.com.na

Land council now part of Recon case

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Namibian Sun 2025-05-09

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Land council now part of Recon case

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Namibian Sun 2025-05-09

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