The Ministry of Mines and Energy has detonated a full-blown criminal investigation into alleged illegal mining activities by Xinfeng Investments (Pty) Ltd.

The ministry has likewise ordered the cessation of all activities on EPL 8 397, which is currently under scrutiny for illegally belonging to Xinfeng.

Following a series of articles by New Era, a statement issued by the mines ministry’s executive director Penda Ithindi confirmed that the alleged illegal activities by Xinfeng prompted a criminal investigation.

A case against Xinfeng has since been opened at the Uis police station, he confirmed.

“Unauthorised mining by an exploration licence holder is a violation of licence conditions, and subject to severe penalties. 

This particular case warrants comprehensive law-enforcement investigations. We have ordered the immediate cessation of all mining activities by Xinfeng Investments, and are monitoring the situation closely,” Ithindi stated. The ministry indicated that the executive management of Xinfeng was summoned to the ministry to account for what amounted to illegal mining activities by the company in the exploration area.

“At these engagement sessions, which were held earlier this month, both the ministry and the directors of Xinfeng conceded to the undertaking of unauthorised mining activities relative to the scope and conditions of the exploration licence,” he continued.

Action

The ministry assured the public that the matter is being given the utmost attention, and that they will take appropriate and proportionate action, based on the findings of their investigations, including addressing violations of the exploration licence and environmental regulations. “This incident serves as a stark warning to all licensee holders that any abuse of the law will face the full force of enforcement,” Ithindi said.

Additionally, Xinfeng’s application for a mining licence, submitted in December 2023, remains under review.

New Era

This follows after the company was ordered to shut down the alleged illegal activities on 16 November after mining commissioner Isabella Kandjii-Chirchir reportedly caught them in the act during an unannounced visit.

Despite the order, Xinfeng representative Frank Li last week told New Era that they did not receive a written notice for them to shut down operations, as requested by Kandjii-Chirchir. 

During a visit to the supposed illegal mining site on 8 December, this publication’s crew observed three fully-loaded trucks leaving the site and entering Xinfeng’s premises. Video footage taken by New Era and community members at the weekend confirmed ongoing mining activities, despite the company’s claim that it had ceased the illegal operations. 

This publication followed the trucks until Xinfeng’s premises, but was blocked entry by employees who were driving heavy-duty trucks.

Several ancestral graves were spotted near the mining site, along with abandoned equipment belonging to small-scale miners. Workers admitted that mining had been ongoing since November last year, contradicting Xinfeng’s statement that they had only been mining for five months before shutting down.

Li told New Era that the company had not received a written directive from the ministry to stop operations. “The mining commissioner only gave a verbal instruction during an inspection on 16 November. We completely stopped operations on 10 December after a meeting with the ministry,” he said.

Li added that the company needed time to wind down operations, citing that over 180 employees and equipment were on-site. However, trucks continued ferrying ore from the mine on 8 December.

Meanwhile, Kandjii-Chirchir has opened a case with the Namibian Police, while the ministry has initiated administrative penalties in line with the law.

Community

Certain quarters of the community in Uis have long expressed concern about the government’s ability to enforce mining regulations effectively.

These grievances were echoed by Riwayn Doeseb from the Legal Assistance Centre, who highlighted enforcement gaps, despite adequate legislative frameworks.

“Namibia’s laws are sufficient to curb illegal mining, but enforcement remains a challenge due to limited capacity,”he said during an interview with this publication recently. “For instance, while the environment ministry appointed 75 environmental officers earlier this year, it’s unclear whether these officers have been adequately deployed across regions. Strengthening laws and ensuring meaningful public consultation are critical to addressing these issues,” Doeseb said.

He pointed to cases like the Dora Nawas Tin Mine in Kunene, where communities alleged insufficient public consultations. “The objection period after an Environmental Clearance Certificate (ECC) is issued is only 14 days, which is impractical for communities to mobilise themselves effectively. More must be done to safeguard community rights and ensure accountability,” he continued.

Meanwhile, Uis activist Jimmy Awaseb said they welcome the fact that the ministry is finally acting on their concerns. “We hope that this investigation will be transparent, and that justice will prevail. The community deserves better, and their natural habitat should not only be exploited, but should also benefit them while being mined in a responsible manner,” he reasoned.

-edeklerk@nepc.com.na