Mashuna appeals against interdict in Supreme Court

Timoteus Mashuna has filed an appeal in the Supreme Court against a High Court ruling by acting judge Reinhard Tötemeyer interdicting him from conducting mining activities at his claims at Goantagab mine, south-west of Khorixas.

Tötemeyer issued the interdict on Friday, two days after he heard oral arguments on an urgent application by Ultimate Safaris, partnered by the Doro !Nawas and Uibasen Twyfelfontein conservancies, and the #Aodaman Traditional Authority, that was filed two weeks ago.

Tötemeyer’s order is to be effective until a review application filed by the same four applicants in September last year, has been decided by the High Court.

In a notice of appeal to the registrar of the High Court and Supreme Court as well as the respondents, dated 10 October, Mashuna’s lawyers, Appolos Shimakeleni Lawyers, write: “Be pleased to take note that the appellant hereby notes an appeal against the order delivered by his lordship, justice Tötemeyer, acting, in the High Court of Namibia on the 10th day of October.

“The appellant shall comply with the provisions of Rule 7 (3) (a) once the written reasons for the order have been provided by the court a quo.”

The effect of the appeal is to set aside judge Tötemeyer’s order interdicting Mashuna until the Supreme Court rules on the appeal.

The four applicants, who are members of a joint management area (JMA), sued nine respondents, including mining claims holders Mashuna and Ottilie Ndimulunde, the environmental commissioner, the mining commissioner, the Sorris Sorris conservancy and the company Goantagab Mining.

However, their application to establish the JMA on about 29 000 hectares of communal land was rejected by the Kunene Communal Land Board.

The Namibia Competition Commission (NaCC) also declared the agreement that established the JMA was illegal as it gave exclusive rights to one company. The commission directed that the agreement be scrapped.

Initially, NaCC gave the parties to the agreement 30 days to scrap the agreement in March before giving a 90-day extension in April to the end of July. The extension has gone up to now without any decision from NaCC.

Mashuna argues that on the basis of the rejection by the Kunene Communal land Board and the NaCC directive, the JMA is an illegal entity which has no legal standing to apply to stop his legal mining operations.

Tötemeyer on Friday ruled that in terms of a previous order, issued by High Court acting judge Kobus Miller last August, Mashuna remains restrained from conducting any mining activities on the eight mining claims he has in the area.

The four applicants were represented by Jean Marais while Mashuna’s case was argued by Sisa Namandje.

– matthew@namibian.com.na

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