Legal showdown looms over phosphate mining
Environmental commissioner accused of irregularities
Environmental commissioner Teofilus Nghitila is being accused of serious irregularities regarding the environmental clearance issued to Namibia Marine Phosphate (NMP) to start with phosphate mining off the Namibian coast.
In a letter sent on Thursday to the office of the government attorney, Sisa Namandje, acting on behalf of the Confederation of Namibian Fishing Associations (CNFA), accused Nghitila of committing a number of irregularities and not complying with the Environmental Management Act.
“The purported Environmental Clearance Certificate issued to Namibia Marine Phosphate is therefore unlawful and a complete nullity for several reasons,” the letter said.
The environmental clearance certificate for NMP''s Sandpiper Project was quietly issued on 5 September and affected parties had only 14 days to appeal the decision.
The confederation then demanded a detailed list of documents on which the issuing of the environmental clearance certificate was based.
According to the letter, documents were delivered on behalf of the environmental commissioner to respond to their request, but several irregularities were uncovered.
Namandje also accused environment minister Pohamba Shifeta of being biased claiming he has persistently defended the environmental commissioner.
Namandje further claims that they were never notified about the environmental clearance and therefore cannot appeal againist something they have not been notified of.
In addition, the biased manner of Shifeta also makes it impossible for them to appeal the process, according to Namandje.
According to the letter, Shifeta publicly stated that in his opinion all procedures were followed with regards to the environmental clearance. Namandje said that Shifeta has gone on a public relations exercise defending the decision which is “patently unlawful.”
According to Namandje, the massive involvement of Shifeta after the issuance of the environmental clearance, makes it impossible for the minister to consider any appeal given his “biased documented position in the matter.” Furthermore, it was stated that the matter is compounded by the fact that the confederation was not notified by the commissioner''s decision as required.
In the letter ten irregularities are listed against Nghitila which includes the fact that he did not provide the date on which he received the assessment report and he also did not notify the public and interest groups in terms of the act.
The commissioner did not acknowledge in writing the assessment report from NMP as required and according to Namandje, Nghitila did not perform the review required after he was satisfied with the compliance requirements in respect of the assessment report. Another issue is that the commissioner did not advise all interested parties of his decision to provide environmental clearance and also did not notify the competent authority.
He said that because the commissioner did not conduct the review contemplated in terms of the act he could therefore not notify the competent authority and all interested parties of his decision within seven days from the date of the review.
“The commissioner in fact did not have [the] competence to consider as the proponent did not apply for the environmental clearance to the relevant authority, which competent authority would then have forwarded the application to the commissioner as required.” Namandje further said that it appears that the commissioner issued the environmental clearance without NMP paying the prescribed fee. Namandje demanded a response by the end of Thursday from the government attorney on the position of illegality raised and the Shifeta response on whether they would object to nullify the environmental clearance in the High Court.
When approached for comment yesterday Shifeta said that they had not received the letter yet.
Last week the Secretary to Cabinet George Simataa announced that a special cabinet meeting will take place on 7 November to discuss the issuance of the environmental clearance certificate in detail.
ELLANIE SMIT
In a letter sent on Thursday to the office of the government attorney, Sisa Namandje, acting on behalf of the Confederation of Namibian Fishing Associations (CNFA), accused Nghitila of committing a number of irregularities and not complying with the Environmental Management Act.
“The purported Environmental Clearance Certificate issued to Namibia Marine Phosphate is therefore unlawful and a complete nullity for several reasons,” the letter said.
The environmental clearance certificate for NMP''s Sandpiper Project was quietly issued on 5 September and affected parties had only 14 days to appeal the decision.
The confederation then demanded a detailed list of documents on which the issuing of the environmental clearance certificate was based.
According to the letter, documents were delivered on behalf of the environmental commissioner to respond to their request, but several irregularities were uncovered.
Namandje also accused environment minister Pohamba Shifeta of being biased claiming he has persistently defended the environmental commissioner.
Namandje further claims that they were never notified about the environmental clearance and therefore cannot appeal againist something they have not been notified of.
In addition, the biased manner of Shifeta also makes it impossible for them to appeal the process, according to Namandje.
According to the letter, Shifeta publicly stated that in his opinion all procedures were followed with regards to the environmental clearance. Namandje said that Shifeta has gone on a public relations exercise defending the decision which is “patently unlawful.”
According to Namandje, the massive involvement of Shifeta after the issuance of the environmental clearance, makes it impossible for the minister to consider any appeal given his “biased documented position in the matter.” Furthermore, it was stated that the matter is compounded by the fact that the confederation was not notified by the commissioner''s decision as required.
In the letter ten irregularities are listed against Nghitila which includes the fact that he did not provide the date on which he received the assessment report and he also did not notify the public and interest groups in terms of the act.
The commissioner did not acknowledge in writing the assessment report from NMP as required and according to Namandje, Nghitila did not perform the review required after he was satisfied with the compliance requirements in respect of the assessment report. Another issue is that the commissioner did not advise all interested parties of his decision to provide environmental clearance and also did not notify the competent authority.
He said that because the commissioner did not conduct the review contemplated in terms of the act he could therefore not notify the competent authority and all interested parties of his decision within seven days from the date of the review.
“The commissioner in fact did not have [the] competence to consider as the proponent did not apply for the environmental clearance to the relevant authority, which competent authority would then have forwarded the application to the commissioner as required.” Namandje further said that it appears that the commissioner issued the environmental clearance without NMP paying the prescribed fee. Namandje demanded a response by the end of Thursday from the government attorney on the position of illegality raised and the Shifeta response on whether they would object to nullify the environmental clearance in the High Court.
When approached for comment yesterday Shifeta said that they had not received the letter yet.
Last week the Secretary to Cabinet George Simataa announced that a special cabinet meeting will take place on 7 November to discuss the issuance of the environmental clearance certificate in detail.
ELLANIE SMIT
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