Ester Mbathera
There are currently no financial policies or regulations mandating mining companies to contribute toward mine closure plans.
These findings are contained in a report by the Parliamentary Standing Committee on Natural Resources on lithium mining in Uis, Daures Constituency, released last week.
During a meeting with the committee in March 2023, Erasmus Shivolo, the deputy executive director for the Ministry of Mines and Energy (MME), informed the committee that many companies had failed to comply with mine closure plans.
Shivolo explained that while the Mineral and Environmental Acts require companies to have a Closure Plan, there are no financial policies or regulations mandating them to contribute toward these plans.
“Hence, when the economy gets tough for companies, the first program to be sacrificed/cancelled is the Closure Plan and the ministry cannot hold them accountable,” Shivolo told the committee.
The committee found that lithium mining near Uis has caused widespread environmental destruction, including land degradation and the destruction of grazing areas.
The report reveals that both legal and illegal mining activities have disrupted local communities.
Pits have been dug in grazing areas without proper rehabilitation plans, raising concerns about transparency in licensing procedures.
During a site visit to Omungambu village, the Omatjete community told the committee that mining activities by JTD Mining Group had disrupted the local environment.
According to the community, excavation work began in April 2023 without consulting residents of Omungambu and Okondomba villages.
“The community decided to stop the excavations due to all the anomalies on 21 April 2023. The community was devastated because the deep dugouts were in the middle of livestock grazing areas, and one of the ditches was in the middle of the road,” the report reads.
Following community protests, excavation work was halted, and some pits were concealed.
The committee found that many companies, including JTD Mining Group, operated without proper permits.
JTD Mining Group was conducting exploration on EPL 6883, but this license had expired in May 2021.
The Heritage Council of Namibia Consent Letter also expired on 1 July 2022.
Although the company’s Environmental Clearance Certificate (ECC) was still valid, its public consultation process was flawed.
According to the report, consultations took place in Omihana village, which falls outside the EPL 6883 boundaries, meaning directly affected communities were not engaged.
The report also highlights environmental concerns linked to lithium mining activities by Xingfeng Investment and Long Fire Investment.
Mining activities, according to the report, particularly by Xingfeng, have taken place without the necessary permits, leading to uncontrolled excavation and environmental harm.
The joint venture between Xingfeng and Long Fire Investment had legal mining rights under EPL 8397 and ten mining claims.
The Environmental Commissioner in the Ministry of Environment, Forestry and Tourism, Timo Mufeti, acknowledged weaknesses in the Environmental Management Act (2007), particularly in public consultations and compliance enforcement.
He noted that public consultations were limited and that the law stipulates objections should be placed in newspapers, but not all communities have access to physical newspapers.
Mufeti informed the committee that the Act is being amended to address these shortcomings.
He also explained that the ministry has limited staff and resources, leading to delays in reviewing ECCs, conducting inspections, and addressing environmental violations.
According to Mufeti, the ministry has only seven environmental officials to handle approximately 150 Environmental Impact Assessment (EIA) applications per month.
The committee’s investigation found that regulatory oversight was weak, allowing illegal mining operations to continue unchecked.
It confirmed that Long Fire Investment and Xinfeng Investment are operating legally under EPL 8397 and valid mining licenses.
To address these issues, the committee recommended stricter enforcement of mining laws and a requirement for companies to set aside funds for land rehabilitation from the start of production.
It urged the MME to create a database of all mining activities in the Daures Constituency and to ensure Traditional Authorities are involved in licensing decisions.
