Namibia Fisheries Minister: Challenges NMP ECC Approval

• Namibia's Minister of Agriculture, Fisheries, Water, and Land Reform, Inge Zaamwani, is challenging an Environment Clearance Certificate (ECC) issued to Namibian Marine Phosphate (NMP) for its Sandpiper marine mining project.
• The Minister alleges significant procedural failures by Environmental Commissioner Timoteus Mufeti, including a lack of proper consultation with her ministry and the withholding of crucial technical reports.
• A central argument is that the ECC was granted before essential environmental impact investigations were completed, which the Ministry contends violates the precautionary principle.
• Zaamwani asserts that the conditions attached to the ECC are vague, contradictory, and unlawful, and cannot remedy the fundamental defects in the assessment process.
• The appeal seeks the complete revocation of the ECC and the dismissal of NMP's application, potentially setting a major precedent for environmental permitting in Namibia.

The Fisheries Ministry argues that deferring crucial environmental investigations until after an Environment Clearance Certificate is granted fundamentally violates the precautionary principle, rendering the approval procedurally and substantively flawed.

Namibia's Minister of Agriculture, Fisheries, Water, and Land Reform, Inge Zaamwani, has launched a significant challenge against Environmental Commissioner Timoteus Mufeti, specifically targeting an Environment Clearance Certificate (ECC) granted to Namibian Marine Phosphate (NMP). The ECC, issued on August 5, 2026, permits NMP to proceed with its Sandpiper Marine Phosphate project, involving mining activities under Mining Licence 170. Minister Zaamwani, a seasoned executive turned politician, is demanding the revocation of this certificate and the outright dismissal of NMP's application, asserting that Commissioner Mufeti erred in both legal interpretation and factual assessment.

The contentious project involves the dredging of phosphate-rich sediments from the seabed at depths ranging from approximately 180 to 250 meters off Namibia's west coast. This area falls squarely within Namibia's Exclusive Economic Zone, making the management of its marine resources subject to stringent state regulation. The Minister's appeal, detailed in a dossier, highlights a profound disagreement between two key government institutions responsible for safeguarding Namibia's natural assets. Zaamwani reportedly became aware of the ECC approval only on August 7, 2026, after encountering a social media post, underscoring the alleged lack of formal communication.

A core component of Minister Zaamwani's appeal centers on what she describes as critical Namibia environmental assessment procedural failure. She contends that Commissioner Mufeti failed to adequately consult the Fisheries Ministry before making the decision to grant the ECC. The Minister emphasizes that her ministry's involvement was not merely advisable but essential, given the project's direct impact on marine resources through extensive seabed dredging. Furthermore, Zaamwani alleges that Mufeti proceeded with crucial decisions regarding the scope, procedures, and methodologies of the environmental assessment without the mandatory consultation of the Fisheries Ministry.

This alleged oversight is not viewed as a minor administrative slip but rather a serious procedural flaw. The appeal also claims that important technical and environmental reports pertinent to the assessment were not provided to Zaamwani's ministry for review and comment. Consequently, the ministry was denied the opportunity to scrutinize information vital for evaluating the potential consequences of marine phosphate mining. The Minister pointed out that the environmental assessment process was dynamic, with additional reports and information submitted after the initial assessment, and that interested authorities should have been given the chance to consider this new data before a final decision was rendered.

One of the most significant arguments raised by Minister Zaamwani concerns the timing of environmental investigations. She finds it baffling that the Environment Clearance Certificate was granted while NMP was still required to undertake investigations necessary to determine the project's environmental impacts. The Fisheries Ministry argues that deferring crucial environmental investigations until after an Environment Clearance Certificate is granted fundamentally violates the precautionary principle, rendering the approval procedurally and substantively flawed. This principle dictates that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Zaamwani asserts that the information from these investigations should have informed the decision to authorize the project, not merely be a condition for its continuation.

The Minister further contends that the conditions attached to the ECC cannot rectify what she perceives as fundamental defects in the environmental assessment process. She describes these conditions as vague, contradictory, and unlawful, arguing that they are insufficient to cure the inherent flaws in the assessment and the subsequent decision. Zaamwani's appeal repeatedly challenges Commissioner Mufeti's reasoning, accusing him of misdirecting himself on both legal and factual grounds by failing to properly apply the legal requirements governing environmental assessment and inter-ministerial consultation.

The appeal by Inge Zaamwani against the Timoteus Mufeti Environment Clearance Certificate for Namibian Marine Phosphate's operations under Mining Licence 170 is not merely an attempt to modify specific conditions. Instead, it seeks to have the entire decision set aside and NMP's application for the Sandpiper project dismissed outright. This challenge underscores the critical importance of robust procedural compliance and adherence to foundational environmental principles, such as the precautionary principle Namibia mining projects must uphold, especially within the sensitive Namibia Exclusive Economic Zone marine mining context.

The outcome of this appeal could establish a significant precedent for the validity and challengeability of Environment Clearance Certificates across Namibia. It highlights the necessity of thorough inter-ministerial consultation and the comprehensive evaluation of environmental impacts *before* project authorization. The Minister's firm stance suggests a heightened scrutiny of procedural integrity in future environmental permitting processes, potentially leading to more rigorous requirements for project proponents and regulatory bodies alike.

Lawyers advising clients on environmental permits in Namibia should closely monitor this appeal, as it highlights the critical importance of thorough inter-ministerial consultation and adherence to the precautionary principle in environmental assessments. This case could set a significant precedent for the validity and challengeability of Environment Clearance Certificates, potentially leading to increased scrutiny of procedural compliance for future projects.

Source: Original reporting via New Era