Xinfeng sues Govt over lithium licence cancellation

Chinese mining company, Xinfeng Investment (Pty) Limited (Xinfeng), has filed an urgent application with the High Court to challenge a decision by the minister of mines and energy, Tom Alweendo, to revoke its lithium mining licence, which was issued in September last year.

Xinfeng’s legal representatives, Nambili Mhata Legal Practitioners, interdicted Alweendo, mining commissioner Isabella Chirchir and environmental commissioner Timo Mufeti against implementing any decision taken on or about 28 April to revoke the decision to grant the applicant mining licence ML 243.

In the legal documents, the company is seeking relief from the court to declare the revocation of its mining licence as unlawful and invalid and to review, correct and set it aside.

The company also wants to declare Alweendo’s conduct as unconstitutional and invalid.

On Monday, The Namibian reported that Alweendo had revoked Xinfeng’s licence, citing misleading, untrue, and incorrect information submitted by the company during the application process.

The company spokesperson, Aqisha Jooste, told The Namibian that they decided to legally challenge this decision.

“The court papers were already served to the relevant parties yesterday. The case is now registered with the High Court of Namibia under number C-MD-CIV-MOT-REV-2023/00188. As the matter is now sub judice, Xinfeng is no longer at liberty to provide further comments on the case, in accordance with legal protocols,” she said.

She added that the company will continue to engage with its partners and stakeholders to minimise any potential disruptions to its business operations.

This is after the minister instructed the company to cease all operations by 31 May.

“We are confident that our dedication to the principles of transparency, corporate governance and sustainable development will ultimately be recognised, and we look forward to a swift resolution of this matter,” she said.

Meanwhile, a media conference that was scheduled by the ministry for yesterday to clear up the issues was cancelled after the filing of the court case.

In the meantime, Illegal Mining Protest leader and activist, Jimmy Areseb, last month led a delegation to the mines ministry with a petition protesting exclusion from mining activities at Uis.

WISHY-WASHY

Areseb said Alweendo’s revocation of the Xingfeng licence demonstrates indecisiveness and weakness in taking drastic measures against the company given the glaring irregularities his ministry has picked up.

“If someone does something not legally right, action must be taken against that person.

Xingfeng has lied to the ministry. So, what must be done to Xingfeng? Should they be deported? The minister must address the whole issue,” he said.

Speaking on Desert Radio yesterday, Areseb said the cancellation does not vindicate his delegation, which has lobbied against Xinfeng and Longfire’s lithium activities.

“We do not feel vindicated, we are confused, because the minister said the company was operating illegally. Now there is confusion because the minister is differentiating Longfire from Xinfeng. Xinfeng is operating as a shadow for Longfire, which is owned by Namibians.”

“Although it is good to revoke the licence, we have a few questions that we need you guys to ask the minister. And some of these concern Longfire, which is owned by Namibians, and they got their claims through some inner person at the ministry.”

“We know for certain that two individuals in the ministry took claims of a Mr Jaco (de Klerk) and gave it to a master Januarie (Likulano), the current owner of Longfire. What is concerning is that the minister is acting as spokesperson for Longfire, and he is defending illegal activities taking place in the country,” said the activist.

MINING ROT

In the meantime, a parliamentary standing committee is in the Okombahe area to investigate ongoing lithium activities.

Speaking from there, Landless People’s Movement’s Henny Seibeb said there is ongoing environmental damage due to lithium mining in the area.

He wants the minister to declare a temporary moratorium on lithium mining to allow for the determination of the metal’s true value.
Seibeb also wants communities in the areas to become 60% shareholders in each of the mining undertakings.

The lawmaker expressed suspicions over Alweendo’s sudden U-turn on Xinfeng.

“They have told the guys to stop operations for some months and they will get back and try to reapply six months down the line. It’s a fake action that he has taken. Tom is part of the cabal that is destroying this country.”

“We said this minister and his counterpart at the National Planning Commission, Obeth Kandjoze, must go. Maybe we need to bring in a pastor to come sort out this mess,” said Seibeb.

Both Seibeb and Areseb said Alweendo must be relieved of his duties as minister.

“This is part of the mining rot. We aren’t surprised. This is the same minister who said he did not find any wrongdoing in light of the illegal mining as far as lithium in Dâures is concerned. [Today] the committee will meet Xinfeng. In the meantime, the minister wrote a letter trying to sabotage that meeting.”

“As LPM we were in the field. We have been briefed at Okombahe and Omatjete about how these mining companies have destroyed the environment. It is a serious concern. This is an area hit by climate change. This has an impact on tourism, and all wild animals are moving away from breeding grounds.”

“I am not surprised; the minister must resign. He has been dishonest. He has to be forced by activists at Uis and Omatjete for writing such a nonsensical letter. He could have given his input there at the meeting and not written a letter,” said Seibeb. Alweendo could not be reached for comment.

The ministry’s spokesperson Andreas Simon said he could not comment as the matter is before the court.