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Namibia High Court interdict prohibits Ministry from granting mineral licence

Namibia’s High Court has granted an interdict which prohibits the Ministry of Mines and Energy of Namibia from granting a mineral licence, including an Exclusive and Prospecting Licence (EPL), in terms of the Minerals Act 1992, to any person or company over the area covered by Deep-South Resources’ Haib Copper project – EPL 3140.

The interdict and restrain order are in force until the final determination of the application to the High Court to review the decision of the Minister to not renew EPL 3140. The Court will hold another hearing on 16 September 2021, to define the steps forward with regards to the review of the decision of the minister.

EPL renewal denied
In June 2021, Deep-South received notice from the Ministry informing the company that its application for the renewal of its EPL had been denied – citing the company’s inability to advance the EPL to pre-feasibility and complete the proposed drilling program as planned. The Company maintains that the Ministry was kept well apprised, with no objection on their part, of a proposed change from the pre-feasibility study to an upgraded preliminary economic assessment (PEA) and commencement of a full feasibility study. The latter was already started.

As a result of the Minister’s refusal to renew the License, the company has terminated all work on site and has proceeded with the retrenchment of its employees on site.

Deep-South Resources maintains that it is vigorously contesting this decision by all means necessary and available under the Minerals (Prospecting and Mining) Act and other applicable laws of Namibia. In its application for renewal and subsequent representations made to the Ministry, the Company maintains that it clearly demonstrated having met all criteria under the Act to justify the renewal of its license. MiningNews

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