Staff Writer
The long-running multimillion-dollar environmental damage case brought by the Municipal Council of Windhoek against several industrial and fuel companies, including Namibia Dairies (Pty) Ltd, has advanced another step toward trial.
This follows a formal pre-trial order issued by the High Court in Windhoek.
The dispute stems from a major industrial pollution incident that allegedly occurred on 3 February 2019, when approximately 24 000 litres of heavy fuel oil (HFO) spilled from Namibia Dairies’ Avis factory following a safety valve failure in its boiler system.
According to court papers, the oil entered stormwater drains and the municipal sewer network, spreading through Windhoek’s wastewater infrastructure and reaching key treatment facilities, including the Gammams Water Care Works and the New Goreangab Water Reclamation Plant. The municipality alleges that the spill caused widespread contamination, forced shutdowns of treatment operations, environmental damage to nearby rivers and dams, and significant financial losses linked to cleanup operations and interrupted wastewater processing.
The matter was heard before High Court judge Shafimana Ueitele on 2 June, where legal representatives for all parties appeared for a pre-trial conference conducted in terms of Rule 26 of the High Court Rules.
The conference forms part of case management procedures intended to narrow issues, clarify points of dispute, and prepare the matter for full trial.
Court documents confirm that Patrick Kauta appeared on behalf of the plaintiff, while Raymond Heathcote and Andries van Vuuren represented the defendants.
The defendants in the matter include Namibia Dairies (Pty) Ltd, along with Engen Namibia (Pty) Ltd and Rentech Trading CC, who are alleged to have played roles connected to the handling, supply, or storage of petroleum products involved in the incident.
During the proceedings, the court noted that a pre-trial conference had already been held between the parties, and a detailed case management report was placed before the judge for consideration.
After reviewing the submissions, the court issued a series of procedural directives aimed at ensuring readiness for trial and the proper ventilation of evidence.
Among the key directives, the court ordered that any party seeking to serve subpoenas must proceed to issue and serve them on identified individuals where necessary.
The order signals that witness testimony and documentary evidence will be central to the upcoming trial, particularly on issues relating to causation, environmental impact, and the extent of the alleged damage.
The underlying dispute is one of the most significant environmental litigation matters currently before the High Court, with the Municipality seeking to recover more than N$24.5 million in damages.
The claim includes approximately N$7 million in cleanup and environmental remediation costs, and over N$17 million in alleged operational losses due to the shutdown of wastewater treatment facilities during and after the spill.
The municipality contends that the defendants are strictly liable under environmental and water management legislation, which places responsibility on polluters to bear the costs of rehabilitation and cleanup.
It also alleges negligence, arguing that the defendants failed to implement adequate safety measures to prevent the spill and failed to contain hazardous substances at source.
The defendants are expected to contest both liability and quantum, including whether the spill directly caused the extensive damage claimed by the Municipality and whether the losses were reasonably foreseeable or attributable to their operations.
