Phosphate tussle in court
On Thursday of last week, the appeal by Namibian Marine Phosphate, seeking to mine the mineral on Namibia's sea floor, was heard in the Windhoek High Court.
Legal counsel for Namibia Marine Phosphate (NMP) last week delivered their arguments in an appeal to have their environmental clearance certificate, which was set aside, reinstated.
The clearance certificate was issued by the environmental commissioner Teofilus Nghitila on 5 September last year and granted permission to NMP to mine and extract marine phosphate roughly 120 kilometres south of Walvis Bay, in the Atlantic Ocean.
A public protest followed the issuance of this clearance certificate and this prompted the environment minister Pohamba Shifeta, to have the certificate set aside on 2 November last year.
NMP lodged an appeal at the high court against Minister Shifeta, Michael Gawaseb, CEO of the Namibia Consumer Trust and the environmental commissioner. In their documents, the company states that an earlier appeal which had led to Shifeta having the clearance set aside, was filed late in terms of the regulations pertaining to environmental management.
Furthermore, the company told the court that they were not informed of the appeal against the issuance of the clearance certificate and thus, was not granted an opportunity to state their case before Minister Shifeta made his decision.
Advocate Reinhard Tötemeyer (SC), assisted by Advocate Deon Obbes, appeared for NMP and told the court that the company's rights had been infringed upon when the clearance certificate was set aside, adding that they were not granted an opportunity to state their side of the matter to the minister. “What happened was a trial by ambush,” Tötemeyer said.
For the State, Advocate Vincent Maleka (SC), assisted by Advocate Werner Boesak, told the court that the absence of one party is only the absence of form but not of substance”. He added that the minister had made his decision after thorough public consultations and further, that the minister has a duty to the future generations to not do any harm to the environment.
Uno Katjipuka-Sibolile, appearing for Gaweseb said the government had a responsibility towards the public to protect the environment adding that the clearance certificate placed NMP in a position to harm the environment.
Judge Shafimana Ueitele will deliver judgment on 15 December.
Jacqueline Louw
The clearance certificate was issued by the environmental commissioner Teofilus Nghitila on 5 September last year and granted permission to NMP to mine and extract marine phosphate roughly 120 kilometres south of Walvis Bay, in the Atlantic Ocean.
A public protest followed the issuance of this clearance certificate and this prompted the environment minister Pohamba Shifeta, to have the certificate set aside on 2 November last year.
NMP lodged an appeal at the high court against Minister Shifeta, Michael Gawaseb, CEO of the Namibia Consumer Trust and the environmental commissioner. In their documents, the company states that an earlier appeal which had led to Shifeta having the clearance set aside, was filed late in terms of the regulations pertaining to environmental management.
Furthermore, the company told the court that they were not informed of the appeal against the issuance of the clearance certificate and thus, was not granted an opportunity to state their case before Minister Shifeta made his decision.
Advocate Reinhard Tötemeyer (SC), assisted by Advocate Deon Obbes, appeared for NMP and told the court that the company's rights had been infringed upon when the clearance certificate was set aside, adding that they were not granted an opportunity to state their side of the matter to the minister. “What happened was a trial by ambush,” Tötemeyer said.
For the State, Advocate Vincent Maleka (SC), assisted by Advocate Werner Boesak, told the court that the absence of one party is only the absence of form but not of substance”. He added that the minister had made his decision after thorough public consultations and further, that the minister has a duty to the future generations to not do any harm to the environment.
Uno Katjipuka-Sibolile, appearing for Gaweseb said the government had a responsibility towards the public to protect the environment adding that the clearance certificate placed NMP in a position to harm the environment.
Judge Shafimana Ueitele will deliver judgment on 15 December.
Jacqueline Louw
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