A hearing of a lawsuit in which the Municipal Council of Windhoek is suing Namibia Dairies about an oil spill that took place in February 2019 has started in the Windhoek High Court.
The municipal council is suing Namibia Dairies for N$24.5 million, based on a claim that the City of Windhoek suffered financial damages because of a heavy fuel oil spill at the company’s factory that led to oil pollution at the city’s Gammams Water Care Works.
Namibia Dairies is opposing the council’s claim.
The hearing of the council’s claim started before deputy judge president Hannelie Prinsloo on Tuesday.
The municipal council is claiming that a spill of about 24 000 litres of heavy fuel oil at a Namibia Dairies production plant in the Avis area of Windhoek on 3 February 2019 resulted in oil entering storm water drains and a municipal sewer line of the city, and heavy fuel oil subsequently reaching the Gammams Water Care Works.
At the Gammams Water Care Works, heavy fuel oil passed the plant’s water inlets and progressed to primary settling tanks, where it caused damage to biological processes used for the treatment of water before the plant was shut down, the council says in its claim against the company.
Sewage contaminated with oil had to be diverted away from the biological processes of the plant, and that led to contaminated sewage flooding into other areas of the Gammams water plant and being diverted to an evaporation pond, which overflowed into Goreangab Dam, the council says in its claim.
It also says the Gammams Water Care Works was completely shut down for 19 days, causing financial damages in an amount of about N$7 million, while the city also suffered damages of about N$17.5 million in respect of water lost for production for 20 days.
The council is alleging the oil spill was caused by negligence on the part of Namibia Dairies.
The company is denying that it was negligent and that its conduct caused the oil spill.
In a plea filed at the court, a lawyer representing Namibia Dairies says the oil spill occurred as a result of a catastrophic technical equipment failure caused by a buildup of debris in a fuel tank at its production plant.
According to Namibia Dairies not more than 2 040 litres of heavy fuel oil was spilled into a sewer line and the storm water system going into the Michaelis River in the Avis area.
The company admits that some of the oil that went into the sewer line reached the Gammams Water Care Works, but alleges that it notified the municipality of the oil spill at about 08h50 on 3 February 2019 – more than three hours before the oil reached the Gammams water plant at about 12h10.
The time that the oil reached the Gammams plant is in dispute, however, with a City of Windhoek employee testifying on Tuesday that she was informed around 09h00 that the spilled oil had already reached the plant.
In the plea filed at the court on behalf of Namibia Dairies, it is alleged that the City of Windhoek failed to take necessary, adequate and reasonable steps in time to prevent oil passing the inlet works of the water plant.
It is stated in the plea: “By taking necessary, adequate and reasonable steps timeously, the plaintiff [municipal council] could have prevented any quantity of HFO [heavy fuel oil] to pass the inlet works of the Gammams WCR [Water Care Works].”
Lawyers Patrick Kauta and Mercy Kuzeeko are representing the council in the trial before Prinsloo.
Senior counsel Raymond Heathcote is representing Namibia Dairies, assisted by Andries van Vuuren.
