Lawyers representing tour operator Ultimate Safaris and three conservancies in the Kunene region have directed the deputy sheriff of the Windhoek High Court to attach eight mining claims belonging to Timoteus Mashuna at Goantagab Mine near Khorixas.
This follows an interdict granted by the High Court against Mashuna in which Ultimate Safaris and partners were also awarded legal costs amounting to N$52 950, which Mashuna has allegedly failed to pay.
In a 22 October letter, Grace Hakaaje of Ellis Shilengudwa Inc directed the deputy sheriff to attach the right to title and interest in Mashuna’s claims, held at the Ministry of Industries, Mines and Energy, to be auctioned to recover the legal costs awarded against Mashuna.
Ultimate Safaris, Doro Nawas and Uibasen Twyfelfontein conservancies took Mashuna to court over his mining activities at Goantagab in Sorris Sorris conservancy, which is part of a proposed joint management area.
To recover these legal costs the applicants’ lawyers directed the messenger of court to attach mining claims 72300, 72301, 72302, 72303, 72304, 72400, 72401 and 72402 belonging to Mashuna.
“The attachment is to cause to be realised by public auction, the sum of N$52 950 for the taxed costs and charges of the said execution creditor which he or she recovered by judgement of this court dated 23 October 2024,” Hakaaje wrote to the deputy sheriff.
No date has been set for the attachment or the auction.
Reacting to the directive to attach his mining claims, Mashuna says the applicants and their legal representative were playing to the gallery.
“I have won cases against them where they were ordered to pay my legal costs but I have not gone to attach their property.
“Since Ultimate Safaris and cohorts are so strongly opposed to mining, what will the person who buys my claims do with them . . . will they take the buyer to court again like they are doing with me? These applicants are just seeking attention – and they are indicating right but turning left,” he says.
Mashuna says he has other properties besides the mining claims that Ultimate Safaris could attach.
“Also why attach all eight of my mining claims when only one could raise more than enough of their legal costs?” he asks, adding that this shows the applicants are being mischievous.
He says he has made arrangements for the outstanding amount to be settled.
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