Shifeta annuls phosphate mining certificate

WINDHOEK, 22 JUN  – Minister of Environment and Tourism Pohamba Shifeta has set aside an environmental clearance certificate issued to Namibian Marine Phosphate (NMP) on the grounds of environmental protection.
The environmental clearance certificate would have allowed NMP to proceed with mining seabed phosphate in a part of the Atlantic Ocean, about 120 kilometres south-west of Walvis Bay. The envisaged marine phosphate mining would be the first of its kind in the world.
Handing down judgement on the matter here Thursday, Shifeta ordered further consultations, with the environmental commissioner expected to notify the Ministry of Fisheries and Marine Resources, fishing industry and other parties to finalise their input in the matter within three months.
He said the whole process of consultation should be completed within six months from 21 June 2018.
The order is with immediate effect and binds all parties, directly or indirectly.
Shifeta premised his judgement on Article 95 (i) of the Namibian Constitution which underpins the importance of environmental protection.
“Our founders of the Constitution intended for Namibian citizens and residents to have regard to issues of environmental protection imperatives,” said Shifeta.
Last month, High Court Judge Shafimana Ueitele set aside Shifeta’s decision that nullified the Environment Commissioner’s decision to grant the clearance certificate to NMP on the premise that NMP was not given a fair hearing.
The court advised that the minister may still call for objections to the project.
A public hearing was thus held, in accordance with Environment Act of 2007, on Monday.
At the said hearing, Shifeta said his office needed more time to assess the information submitted by the Economic and Social Justice Trust, represented by Michael Gaweseb, and NMP.
Shifeta’s initial decision to set aside the certificate was taken after a public outcry and an appeal by community activist, Gaweseb, against the granting of the certificate.
In her submissions, Uno Katjipuka-Sibolile, Gaweseb’s lawyer, argued it could not be disputed that the proposed activities by NMP would have devastating long-lasting adverse impacts on the marine environment and that phosphate can be extracted from mine tailing.
She further emphasised that even an NMP impact assessment clarification report shows that there are permanent long-term and advanced impacts to the environment.
Katjipuka-Sibolile pointed to major impacts on the ecosystem and fishing industry, a major contributor in the local economy.
The lawyer further pleaded that the government applies the precautionary principle in the case as it was clear that the extent of the harm that would be caused was unknown, and that there were no mitigation measures being proposed.
On the opposing end, NMP representative, Deon Obbes, said there are no scientific underpinned facts on the environment impacts by Gaweseb, but rather media reports with no scientific evidence.
Obbes further argued that the opponent does not consider the scale of the proposed operations and the potential significant economic benefits for Namibia that might arise from the process.
(NAMPA)