Catherine Sasman
Landowners in the Rehoboth district feel that farming cannot co-exist alongside increasing mineral prospecting or mining activities, and that the Namibian government has to draw a definitive dividing line between the two. “Farming is a recyclable resource; mining messes everything up. I am not sure if the government allows prospecting on our lands for the sake of prospecting, or is it to tire the farming community out to altogether give up farming and leave? You feel like you are being invaded by intruders,” one farmer and businessman in the district, who prefers anonymity, said.
The Rehoboth area has become a flashpoint for all sorts of prospecting and mining activities over the last decade or so, and with arising conflicting activities on relatively small farming areas – with farm sizes typically varying from 1 000 to 2 000 hectares – tensions between the farmers and prospecting miners have often flared up.
“All farms in the Rehoboth area are burdened with mineral prospecting licences. The entire district is EPL’ed [EPL: exclusive prospecting licences] out. It will destroy the farming community completely,” said Rosa Stellemacher, whose family has a number of farms in the central Namibian area.
The district is not only considered a prime beef area, but its residents deeply cherish their historic ties to the land primarily inherited through the 1972 Paternal Law that has been the legislative framework through which the Baster community has been governed.
This, they feel, is now under threat because the district is also where a lot of minerals can be found, and has become a target for prospecting interests.
The mood of landowners is regularly carried in headlines of the community newspaper, Volkster. Headlines often read: ‘EPL van Chinese jaag boere die harnas in’ [Chinese EPL angers farmers], or ‘Plaaseienaars soek aandele in Chinese myn maatskappy’ [Farm owners seek shareholding in Chinese mine company], or ‘Betrokke boere moet dringend kaarte bevestig’ [Affected farmers must urgently confirm maps’ where prospecting licences have been issued – typically without the knowledge of farm owners.], or ‘Inwoners is keelvol …’ [Residents are fed-up].
The local community has lost patience with the continuous prospecting and mining activities, which they consider a direct onslaught on their way of life and intrusion not just on their privacy, but their very livelihoods.
The eviction of the Chinese company Africa Huaxia Mining (Pty) Ltd that has been mining for copper at the Swartmodder mine, that is on townlands about 12 kilometres outside Rehoboth, in a way sums up the mood.
The Rehoboth Town Council has served the company with an eviction order over an outstanding N$9 million electricity bill and N$4 million rental fee. The company is contesting this, and according to Rehoboth mayor Enrico Junius, wants to enter into a negotiation with the municipality.
“We are not prepared to negotiate with the company. We do not derive any benefit from them,” he stated.
Everything at the mining site has fallen silent, except for dust from mining tailings that hangs over the farmland when the wind whips it up. Security guards sit at the gate of the fenced-in mining area, and according to them, there are only two Chinese and two local employees who remain on the site while the stand-off between the town council and mining company prevails.
‘Chaotic’ Public Consultation
Public consultations held by environmental consultants of prospecting companies for environmental impact assessment (EIA) processes have also reportedly often ended in chaos.
There was a meeting earlier in 2021 facilitated by the Environmental Compliance Consultant consultancy firm on behalf of Chinese-owned company Jointmen Investments CC for quarrying activities for dimension stones – granite, in this instance – on five mining claims west of the Rehoboth townlands.
According to sources, the company intends to mine right through the middle of a number of farms for the granite blocks.
Some say the granite mining might stretch dangerously close to the Oanob Dam wall, where Rehoboth derives its water from, and where the Oanob Resort draws much local tourism.
Owner of the Oanob Resort Christie Benade, however, said it is unlikely that NamWater would allow the mining venture to threaten the integrity of the dam wall, and hence the water security of Rehoboth.
Benade also said of the ensued chaos at the public consultation: “You do not shoot the messenger”.
A non-technical summary of the project states that the quarrying activities are “high-impact and intrusive events”, that there will be blasting activities, on-site cutting of granite blocks, and 40 to 60 truckloads of these granite blocks per day. And this is what apparently has gotten under the collar of the landowners.
Case Study
Much of the animosity amongst landowners relates to the manner in which they come to know about prospectors or prospecting interests on their farms, a complete lack of knowledge about the prospecting and mining governing regime, and where the rights and responsibilities of all parties begin and end.
One such case is Middelplaas, where the heirs of the farm say they have been completely caught off-guard.
Anzelle Cloete-Losper, one of the heirs, said they first became aware of prospecting plans when a family member happened upon strangers who were roaming around the farm.
Cloete-Losper said the strangers had not reported themselves to the farmhouse before they entered the farm, and that the location where they were found meant that they must have travelled across the breadth of the farm without any permission from the owners.
The strangers were a certain Chinese woman, who many in the Rehoboth district have come to know merely as ‘Maggie’, and her Namibian driver.
Maggie Ming, as could be ascertained from her email address, was representing the Chinese company Stoneheart Investments (Pty) Ltd that has an exclusive prospecting licence (EPL 4271) on farm Middelplaas. This EPL is also for granite, and according to the landowners, could mean that quarrying might take place right across the farm.
According to the landowners, Maggie first appeared on the farm twice in late 2020 and early 2021 without prior permission, and with no documents as proof of the existence of the EPL. The landowners said only with some hard words and coaxing did it become apparent to the strangers that they would need permission to enter the farm, and with much back and forth between the landowners and the company, were they able to draw up a contract which outlined the terms and conditions on which the company could operate on the farm.
Roche McNab, who interfered on behalf of the heirs, said the owners were not entirely happy with the contract. The company had built in a termination clause, which gave it the right to terminate the contract, and to alienate its rights to another company.
The landowners say the company did not at all times adhere to the terms and conditions, reportedly leaving behind oil spills and cutting boundary lines. The company did, however, assist the farm owners to deepen their sand dam and tidy up some farm roads.
After some activities over a period of a month on the farm, Maggie and others have disappeared, and have not yet returned with any indication what the company’s future plans are on the farm.
Maggie did not respond to emailed questions to her; she later also stopped answering her cell phone.
“We just want to be left in peace and quiet,” said Cloete-Losper.
She has investigated the possibility of taking over the EPL on the farm, but has reportedly been told by officials at the Ministry of Mines and Energy (MME) that that would constitute a conflict of interest since the farm owners know of the other prospecting interests on the farm.
Respect for rights
It has dawned on farm owners that they cannot unreasonably deny access to prospectors on their land. They do, however, feel that they should have a bigger say in what prospecting or mining activities should be allowed on their land.
“Why can farm owners not get a first option on EPLs on their farm? We stand to lose our farms as things now stand. The land is trampled upon, grazing is being destroyed, our water gets polluted,” said Ralff Rittmann, also a farmer in the district.
“You can forget about farming the minute they start mining on your land. The environment will be completely transformed. I do not know about other people, but we Basters attach a lot of sentimental value to our land, so it is a huge problem. I cannot see how you can fight against this because if a mineral deposit is considered big enough with lots of money involved, then we will not be economically able to fight it,” McNab added.
“People are getting angrily despondent because of the damage being done on their farms,” said Johan Losper. “We are farm owners because we are passionate about farming. What is the use of having a farm if it can all be destroyed by mining? What is the use if we do not have a say over what is to happen on our land?”
Nicky Dunn, a pharmacist in the town and on whose farm the same Maggie and her cohorts have been drilling – “by the book” – also maintains that farming and mining on the same land is a hard sell to make.
“We are fed-up. I do not want mining on my land,” Dunn stressed.
McNab and Losper proposed that the Minerals (Prospecting and Mining) Act, which vests all ownership in the State, be amended to give owners of the land more say.
“You have no rights over your land. Your passion for farming is being crushed,” reiterated Losper.
Dr. Chris Brown of the Namibia Chamber of Environment (NCE) is of the opinion that some amendments to the Act are necessary, but commented that there would be no EPLs granted if these rights were to belong to farmers.
“It would kill economic mineral development. There is, however, a balance to be had,” he noted.
For now, farmers feel powerless.
One of the things that needs to be amended, said Brown, relates to dimension stones – or blocks of granite and marble – that is being extracted at huge cost to the aesthetics of the environment, and defacing historic rock art artefacts.
“Dimension stones are low-value products. They are taken out in large blocks, out of every hill. The landscape will be degraded. It is of great concern to us; it scars the landscape, with very little return for the country. We must do a strategic assessment on dimension stones. It costs the country more than what it gains from it,” he continued.
But maybe it can work
Brines Mining Exploration Namibia is a joint venture between a Namibian and Australian outfit, Arcadia Minerals, that has four EPLs for lithium exploration south of Rehoboth. Each of the EPLs cover an area of approximately 100 000 hectares, stretching towards Kalkrand.
The enterprise is still in the process of getting environmental approval for an Environmental Clearance Certificate (ECC) for the project. It is active in various other projects in the country, and intends to spend N$60 million on these over the next two years.
Philip le Roux of Brines says the lithium exploration will involve the drilling of boreholes to test the water quality, which in that area is too salty for human or animal consumption.
While it is too early to make assumptions on the impact on the 134 farms the four EPLs cover, what is certain, said Le Roux, is that it will most probably generate freshwater that will benefit all.
“We will do it by the law. We have permission to go on pre-approved land. Our projects have agreements with landowners that clearly spell out what we can do on the land,” he added.
Photo: Swartmodder board:
Photo: Swartmodder mine: Mining on townlands… The Swartmodder mine within the Rehoboth townland area. Photo: Catherine Sasman