Itula appeals against phosphate ECC decision

Renthia Kaimbi and Sostenus Wilherm

Independent Patriots for Change leader Dr Panduleni Itula, has challenged the issuance of an Environmental Clearance Certificate (ECC) to Namibia Marine Phosphate (Pty) Ltd for the Sandpiper Marine Phosphate Project through a notice of appeal and legal objection filed with the minister of environment, forestry and tourism.

The appeal, lodged on 10 August 2026 by Itula on behalf of the official opposition, contends that the environmental commissioner, Timotheus Mufeti erred in approving the project under Mining Licence 170, arguing that the decision violates foundational principles of Namibia’s environmental law and constitutional guarantees of administrative justice.

The notice of appeal, brought under Section 50 of the Environmental Management Act (Act No. 7 of 2007), advances four grounds for challenging the validity of the ECC granted on 5 August 2026.

The first ground of objection asserts that the decision contravenes Section 3(2)(c) of the Environmental Management Act, which mandates that “a precautionary approach must be applied when an activity may cause significant damage to the environment.”