The High Court in Windhoek on Friday dismissed an urgent bid by tourism company Ultimate Safaris, its partners, and the #Aodaman Traditional Authority, to halt blasting at Goantagab Mine in the Kunene region.
This ruling tilts a conservation and mining feud that has been dragging on for some time in the mine’s favour.
Ultimate Safaris and partners, Doro !Nawas and Uibasen Twyfelfontein conservancies, last week Thursday filed an urgent court application to stop scheduled blasting operations at Timoteus Mashuna’s mining claim at Goantagab Mine.
Judge Boas Usiku heard the case on Thursday and threw out the application on Friday.
This means blasting operations at Goantagab Mine, which recently signed a five-year ore supply agreement with Andrada Mine at Uis, can continue until the matter comes back to court as a non-urgent matter.
The judge, after hearing arguments by Grace Hakaaje and Hileni Shilamba for the applicants and respondents, respectively, ruled that the application lacked urgency.
“The urgent application is removed from the roll and is regarded finalised,” ordered judge Usiku.
The applicants were also ordered to pay the first respondent’s costs, including costs for one instructing and two instructed legal practitioners.
The respondents were Mashuna, the environment commissioner, the minister of environment and tourism, the mining commissioner, the minister of industries, mines and energy, Goantagab Mining (Pvt) Ltd and Sorris Sorris Conservancy – the mine’s location.
Through their lawyer, Karin Klazen of Ellis Shilengudwa Incorporated, the applicants took the respondents to court over “the planned unlawful activity set to occur at the Goantagab mining site in the Kunene region, in contravention of the High Court interdict dated 24 August 2024”.
This is despite Goantagab Mine being outside the jurisdiction of Doro !Nawas, Uibasen Twyfelfontein and the #Aodaman Traditional Authority.
“On 17 September 2025, our client was notified from the Sorris Sorris Conservancy of a scheduled blasting on the mining claims of Mashuna, being 72300, 72301, 72302, 72304, 72305, 72400, 72401 and 72402.
“As you well know, on 24 August 2024, the High Court issued an interdict in favour of our clients in relation to the unlawful mining activities at the Goantagab mining site,” Klazen wrote.
The conservancies had applied for a 29 000 hectare joint management area with sole operator Ultimate Safaris.
This was, however, rejected by the Kunene Communal Land Board, which deemed the area too large and the proposed 99-year lease too long for a single operator.
Mashuna had approached the Namibia Competition Commission (NaCC) over the agreement, and the NaCC ruled that Ultimate Safaris had engaged in uncompetitive behaviour.
The matter is still under discussion between NaCC and the Ministry of Environment and Tourism.
“I am happy with the High Court ruling and feel vindicated on the legitimacy of my operations which translate to 250 new jobs for the people of Kunene.
“I am, however, peeved that the High Court allowed itself to preside over an application based on false representations.
“The court was misled into accepting applicants who never consented to opposing mining in the area. In fact, Ultimate Safaris only consulted the conservancies and traditional authorities after getting a court interdict,” Mashuna says.
This was corroborated by Dâure Daman chief Sagarias Seibeb, who says he only learnt of the court case at a community meeting on 28 August 2024 where Ultimate Safaris asked him to sign affidavits supporting their court application.
“I could not sign documents without consulting my people. I gave consent to Ultimate Safaris and the miners and they should co-exist,” says Seibeb.
He accused Ultimate Safaris of hiding behind rhino protection to stifle competing investment interests, thus worsening poverty among locals.
Ultimate Safaris managing director Tristan Cowley did not respond to questions sent to him.
However, he is a strong opponent of the co-existence of conservation and mining because “mining, especially using heavy machinery, has the potential to displace tourism, particularly where the rhino is the draw card”.
– matthew@namibian.com.na
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