On August 5, the environmental commissioner in Namibia's Ministry of Environment, Forestry and Tourism issued an environmental clearance certificate (ECC) to Namibian Marine Phosphate (Pty) Ltd for the proposed Sandpiper Marine Phosphate Project. The certificate, valid until August 5, 2029, allows the project to proceed, subject to conditions. The ECC was issued under the Environmental Management Act 7 of 2007, which empowers the environmental commissioner to grant clearance after reviewing assessment reports and supporting documents.
The decision has sparked immediate and broad-based opposition. President Netumbo Nandi-Ndaitwah publicly expressed disapproval, stating that Namibia should not be used for an "experiment in the ocean." The fishing industry, through the Confederation of Namibian Fishing Associations (CNFA), has enlisted senior legal counsel to challenge the decision. Opposition leader Panduleni Itula filed a formal appeal on behalf of the Independent Patriots for Change (IPC).
On September 2, 2026, Minister of Agriculture, Fisheries, Water and Land Reform, Inge Zaamwani, lodged an appeal through the Office of the Attorney General, challenging the decision in its entirety. The appeal is one of several avenues available to parties who wish to challenge the environmental commissioner's decision. Namibian law provides for an appeal to the minister under section 50 of the Environmental Management Act, which allows the minister to confirm, set aside, or vary the decision.
The ECC authorises listed activities associated with the marine phosphate project, but does not, on its own, authorise the commencement of commercial mining. Additional permits, planning approvals, and terrestrial infrastructure clearances are required before dredging operations can begin. The Environmental Impact Assessment Regulations prescribe that an appeal must be lodged within 14 days of receipt of notification of the decision.
An appeal under section 50 of the Environmental Management Act does not automatically suspend the operation of the decision; the minister must specifically direct a suspension on application by a party. The ministerial appeal is not a rubber stamp, as Namibian courts have consistently held that the minister is expected to exercise genuine independent judgement.
The Environmental Management Act and the Environmental Impact Assessment Regulations of 2012 provide the framework for environmental clearances and appeals in Namibia. The regulations outline the requirements for environmental impact assessments and the procedures for appeals. The act also empowers the minister to appoint an appeal panel to advise on the appeal.
The Sandpiper Marine Phosphate Project has sparked significant debate and opposition in Namibia, with multiple legal challenges underway. The project's proponents and opponents will likely engage in further legal and public debate as the appeals process unfolds.
Key points
- The environmental clearance certificate was issued under section 37(2) of the Environmental Management Act 7 of 2007.
- Multiple appeals have been lodged against the environmental commissioner's decision, including by the President and the Minister of Agriculture, Fisheries, Water and Land Reform.
- The ECC does not authorise the commencement of commercial mining without additional permits and approvals.
