Phosphate faces more hurdles
Last week's High Court victory by Namibia Marine Phosphate (NMP), which saw Judge Shafimana Ueitele ruling that the cancellation of an environmental clearance certificate issued to the company is invalid, is only a salvo in a series of protracted battles.
In fact, a major legal challenge to phosphate mining still lays in wait, and is currently at case management stage in the High Court.
Namibian Hake Association president Matti Amukwa would not be drawn into commenting yesterday on last Friday's verdict, while saying the fisheries industry's objection to marine phosphate mining was still with the courts.
When asked when the association would be making a return to court, Amukwa said the matter was at the case management stage.
The association is challenging the mining licence granted to NMP for its Sandpiper project. The mining licence was awarded to NMP by the ministry of mines in 2011.
The association has argued the licence granted failed to comply with a condition requiring the firm to provide an environmental impact assessment to the ministry of mines within six months of it being granted.
Last Friday saw a small victory for NMP, after a clearance certificate was issued in 2016 by environmental commissioner Teofilus Nghitila, but was subsequently withdrawn by environment minister Pohamba Shifeta, who at the time reasoned there was a need for broader consultation.
Shifeta said at the time that the commissioner should notify the fisheries ministry, the fishing industry and all other interested parties to finalise their inputs in a report within three months and that the whole consultation process should be completed within six months.
The minister's decision was not received favourably by NMP, who subsequently approached the High Court to challenge it.
Representing NMP and making the case for marine phosphate mining activities, senior counsel Reinhard Tötemeyer argued that a fundamental breach of Namibia Marine Phosphate's right to a fair hearing had taken place before Shifeta decided on 2 November last year to set aside the environmental clearance certificate that Nghitila had granted to the company two months earlier.
He also argued that an appeal process against the granting of the certificate took place without its knowledge, and that NMP was not notified that an appeal hearing was to take place, with the result being that the company was not present at the hearing at the end of October 2016.
To that end, Tötemeyer had argued the process behind the withdrawal of NMP's certificate was flawed.
The clearance certificate was issued on 5 September 2016 and it only came to light more than a month later. Affected parties only had 14 days to appeal the decision from the date of granting the certificate.
Tötemeyer and Deon Obbes represented NMP while Werner Boesak and Vincent Maleka represented the environment ministry.
OGONE TLHAGE
In fact, a major legal challenge to phosphate mining still lays in wait, and is currently at case management stage in the High Court.
Namibian Hake Association president Matti Amukwa would not be drawn into commenting yesterday on last Friday's verdict, while saying the fisheries industry's objection to marine phosphate mining was still with the courts.
When asked when the association would be making a return to court, Amukwa said the matter was at the case management stage.
The association is challenging the mining licence granted to NMP for its Sandpiper project. The mining licence was awarded to NMP by the ministry of mines in 2011.
The association has argued the licence granted failed to comply with a condition requiring the firm to provide an environmental impact assessment to the ministry of mines within six months of it being granted.
Last Friday saw a small victory for NMP, after a clearance certificate was issued in 2016 by environmental commissioner Teofilus Nghitila, but was subsequently withdrawn by environment minister Pohamba Shifeta, who at the time reasoned there was a need for broader consultation.
Shifeta said at the time that the commissioner should notify the fisheries ministry, the fishing industry and all other interested parties to finalise their inputs in a report within three months and that the whole consultation process should be completed within six months.
The minister's decision was not received favourably by NMP, who subsequently approached the High Court to challenge it.
Representing NMP and making the case for marine phosphate mining activities, senior counsel Reinhard Tötemeyer argued that a fundamental breach of Namibia Marine Phosphate's right to a fair hearing had taken place before Shifeta decided on 2 November last year to set aside the environmental clearance certificate that Nghitila had granted to the company two months earlier.
He also argued that an appeal process against the granting of the certificate took place without its knowledge, and that NMP was not notified that an appeal hearing was to take place, with the result being that the company was not present at the hearing at the end of October 2016.
To that end, Tötemeyer had argued the process behind the withdrawal of NMP's certificate was flawed.
The clearance certificate was issued on 5 September 2016 and it only came to light more than a month later. Affected parties only had 14 days to appeal the decision from the date of granting the certificate.
Tötemeyer and Deon Obbes represented NMP while Werner Boesak and Vincent Maleka represented the environment ministry.
OGONE TLHAGE
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