Interdict granted against unlawful road construction to mining claims

An interdict was this weekend granted by the High Court, restraining Timoteus Mashuna from carrying out any mining activities of base and rare metals, industrial minerals, precious stones and semi-precious stones on his mining claims in the Khorixas district. Mashuna, who is the deputy director of policy research and registration services at the defence ministry, was named as the first respondent in an urgent application made by Ultimate Safaris, Sorris Sorris Conservancy, Doro !Nawas Conservancy and Uibasen Twyfelfontein Conservancy.

The area where the mining claims have been registered is a joint-management area between the three conservancies, while separate joint agreements are in place with Ultimate Safaris and the conservancies.

The court also ordered that Mashuna - or any person employed or acting under his direction - may not use heavy machinery, including graders, excavators and tipper trucks, to construct a new road from the D2612 in a westerly direction to the site of the mining claims.

The interdicts have been granted due to complaints by the applicants in relation to Mashuna’s reported violation of conditions of a environmental clearance certificate (ECC), particularly regarding the construction of an unauthorised road.

In a letter to Mashuna on behalf of the applicants, Karin Klazen from Ellis Shilengudwa Incorporated said they plan to launch legal proceedings against him for environmental destruction unlawfully caused within the conservancies during the construction of the road.

Other respondents named in the urgent application were the environmental commissioner and the ministers of environment and mines.