Industry Enlists Namandje in Anti-Phosphate Fight ...Our Ocean Isn't for Sale, Says Ar

• The Confederation of Namibian Fishing Associations has challenged the ECC granted to NMP for the Sandpiper Marine Phosphate Project.
• Sisa Namandje demands an explanation from Environmental Commissioner Timoteus Mufeti for granting the ECC without transparency.
• The challenge is based on Article 18 of the Namibian Constitution, requiring fairness and reasonableness in decision-making.
• The Affirmative Repositioning Movement has condemned the decision, calling for a full public review of the EIA and suspension of the ECC.

"Our ocean is not for sale. It belongs to every Namibian, born and unborn, and no company, however wealthy, has the right to gamble with it for profit," said George Kambala, spokesperson for the Affirmative Repositioning Movement.

The Confederation of Namibian Fishing Associations has challenged the Environmental Clearance Certificate (ECC) granted to Namibia Marine Phosphate (NMP) for the proposed Sandpiper Marine Phosphate Project. The confederation, which represents the fishing industry, claims that the ECC was issued without transparency and in disregard of their opposition to the project. In a letter dated 10 August 2026, Sisa Namandje, acting on behalf of the confederation, demanded an explanation from Environmental Commissioner Timoteus Mufeti for granting the ECC despite previous correspondence from the fishing industry remaining unanswered. The letter highlights alleged inconsistencies and a lack of transparency surrounding the ECC process.

The challenge to the ECC is based on Article 18 of the Namibian Constitution, which requires fairness and reasonableness in decision-making. Namandje argues that Mufeti's decision to grant the ECC without first responding to the confederation's correspondence was contrary to principles of fairness, transparency, rationality, and reasonableness. The lawyer also referred to a 2019 High Court judgement that dealt with legitimate expectations where public authorities promise to follow particular procedures. This case highlights the importance of thorough Environmental Impact Assessments (EIA) and transparent decision-making processes in phosphate mining projects.

The granting of the ECC has sparked widespread criticism from the fishing industry, environmental groups, and coastal communities. The Affirmative Repositioning Movement condemned the decision, stating that Namibians have not been given sufficient access to information about potential environmental consequences. The movement is calling for a full public review of the EIA and suspension of the ECC pending further investigation. This case serves as a reminder to lawyers advising clients on phosphate mining projects in Namibia to ensure thorough EIAs and transparent decision-making processes, as regulatory challenges and public scrutiny are likely.

Lawyers advising clients on phosphate mining projects in Namibia should be aware of the potential for regulatory challenges and public scrutiny, and ensure that their clients' applications are accompanied by thorough Environmental Impact Assessments (EIA) and transparent decision-making processes.

Source: Original reporting via New Era