Mines and energy minister Tom Alweendo has asked the Windhoek High Court to set aside his original decision to grant Xinfeng Mining a mining licence.
In an affidavit submitted to the High Court, Alweendo states that the original licence was granted as a result of plagiarism and fraud on the part of the mining company. In the event the High Court grants Xinfeng an urgent interdict against his decision to revoke the licence, Alweendo is counter-suing for the licence granted to be reviewed and set aside. Similarly, he said, the application by Xinfeng is not urgent as the “disastrous consequences” they claim will occur if their operations are put on hold, is pure fiction. This is substantiated by reports the company has submitted that indicate their operations are currently non-existent.
Alweendo took a decision on 28 April to revoke his decision to grant Xinfeng a mining licence (ML 243) in the Daures constituency. The minister also said an investigation was lodged into the manner in which the geologist that evaluated Xinfeng’s technical reports recommend the granting of the licence.
Also, Alweendo said it is not clear from records submitted that Xinfeng submitted applicable documents on specific days, as the company claims, because the documents do not bear the date stamp of the ministry. It is a requirement for all reports handed in as part of an application for a mining licence to bear the date stamp of the ministry, Alweendo said.
According to the affidavit, it seems the company dealt directly with one Dr Rector Kamwi Siseho when it submitted its application and reports. However, it seems that Dr Siseho is unable to recall when exactly the reports were delivered at the ministry.
“This is a rather unsatisfactory situation which is presently under investigation at the ministry,” Alweendo stated.
Although Dr Siseho recommended granting Xinfeng’s licence, the committee dealing with granting mining licences declined to issue the licence on the basis the reports were incomplete and did not contain borehole collar data, logs and geochemical data. Also, the committee found it “incongruous” for Siseho to recommend the granting of the licence as borehole drawings did not contain any data indicating drilling direction, nor the depth or what minerals, if any, were intersected.
In addition, due to an absence of borehole coordinates, the geologist committee recommended that the application be put on hold and the applicant given the opportunity to submit the required information.
After the mining company submitted the required reports, Siseho again recommended the issuing of the licence, which was granted. However, the minister said, during subsequent investigations, it was discovered the reports were plagiarised from work done by another mining company, Desert Lion Energy, submitted during 2018. According to Alweendo, the reports submitted by Xinfeng are clearly copies of the Desert Lion reports and Xinfeng changed certain things and inserted their name.
In one instance, the minister said, Xinfeng clearly forgot to change the name of Desert Lion to its name when it plagiarised the reports. Alweendo further claimed the reports contained material misrepresentations on matters he was required to take into account and of which he had to be satisfied pursuant to issuing a mining licence. This, Alweendo stressed, constitutes fraud and vitiates his decision to grant the licence.
Xinfeng Mining, through its lawyer Nambili Mhata, approached the Windhoek High Court to urgently interdict and restrain Alweendo from implementing his decision to suspend its mining operations. The matter will be heard before Windhoek High Court Judge Ramon Maasdorp today. The minister will be represented by the Attorney General.
– rrouth@nepc.com.na