oh what a complete nuisance. why cannot bureaucrats fkn do their...

oh what a complete nuisance. why cannot bureaucrats fkn do their jobs competently. And then the judicial system is just fck me a diabolical corrupt system. And the court awards costs to the applicant from all respondents to fund the circus.

Some info according to Chat GPT:

tell me about any info on legal proceedings regarding:Deep Yellow Limited (Deep Yellow or Company) advises that Jurgen Hoffman and his associatedcompany Tumas Granite CC (Applicants) have filed an Application: Notice of Motion Review inthe High Court of Namibia giving notice that the Applicants intend to make application to the HighCourt of Namibia for orders in relation to Mining Licence ML237 (ML237) and the associatedEnvironmental Clearance Certificate held by the Company’s subsidiary.

ChatGPT said:

Deep Yellow Limited has announced that Jurgen Hoffmann and his company, Tumas Granite CC, have filed a legal application in the High Court of Namibia. This application seeks to review and potentially overturn the decisions by the Environmental Commissioner and the Minister of Mines and Energy regarding Mining Licence ML237 and its associated Environmental Clearance Certificate, both held by Deep Yellow's subsidiary. The applicants claim these decisions violate the Namibian Constitution and are therefore invalid. This marks the fifth legal challenge by Hoffmann and Tumas Granite CC since 2011 concerning Deep Yellow's mining rights in the area. Deep Yellow maintains that the latest application lacks merit and intends to vigorously defend its interests, emphasizing that ML237 was issued following all relevant legal and regulatory procedures.

In a related matter, on February 14, 2025, the High Court of Namibia's Main Division in Windhoek issued a ruling on costs in the case of Tumas Granite CC and Another v. Minister of Mines and Energy and Others. The second applicant in this case is Mr. Jürgen Hoffmann. While the specific details of the ruling pertain to procedural aspects, it highlights the ongoing legal disputes involving Tumas Granite CC and Mr. Hoffmann concerning mining licenses and environmental clearances in Namibia.

namiblii.org

These legal proceedings underscore the persistent challenges and disputes over mining rights and environmental authorizations in Namibia's mining sector.

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You said:

what was the ruling on costs?

ChatGPT said:

In the recent ruling on costs dated February 14, 2025, in the case of Tumas Granite CC and Another v. Minister of Mines and Energy and Others, the High Court of Namibia's Main Division in Windhoek addressed the issue of legal costs associated with the proceedings. The court ordered that the respondents are jointly and severally liable to pay the applicants' costs, which include the fees for one instructing counsel and one instructed counsel. This decision underscores the court's stance on awarding costs to the prevailing party in legal disputes of this nature.

NamibLII

Sources

You said:

why would this be the case?

ChatGPT said:

The High Court of Namibia's decision to award costs to the applicants in the case of Tumas Granite CC and Another v. Minister of Mines and Energy and Others likely stems from the principle of "costs follow the event", which is a common legal practice in many jurisdictions, including Namibia. Here’s why this could be the case:

1. Costs Follow the Event Principle:

• In many legal systems, including Namibia, the party that wins the case is usually awarded the costs incurred during the litigation.
• The rationale is to compensate the successful party for the expenses they had to incur to defend or pursue their legal rights.
• In this case, the applicants (Tumas Granite CC and Jürgen Hoffmann) were awarded costs because they were successful in this particular aspect of the legal proceeding.

2. Joint and Several Liability for Costs:

• The court ordered the respondents to be jointly and severally liable, which means each respondent is individually responsible for the full amount, but once one pays, the others are relieved of the obligation.
• This approach is often used when multiple respondents are involved, ensuring the applicants can recover their costs even if one respondent is unable to pay.

3. Instructing and Instructed Counsel Fees:

• The award included costs for one instructing counsel and one instructed counsel, reflecting the complexity or importance of the case.
• In Namibian legal practice, an instructing counsel is typically the attorney who manages the case, while an instructed counsel is usually an advocate who represents the client in court.

4. Possible Reasons Specific to This Case:

• The court may have found that the respondents acted unreasonably, delaying the process or failing to present a credible defense.
• Alternatively, the court might have ruled that the respondents’ actions were contrary to Namibian law or constitutional principles, warranting the award of costs to the applicants.

5. Judicial Discretion:

• Ultimately, the awarding of costs is at the discretion of the judge, who will consider factors such as:
  • The merits of the case.
  • The conduct of both parties.
  • The necessity and reasonableness of the expenses claimed.

Contextual Insight:

Given the historical context that this is the fifth legal challenge by Tumas Granite CC and Jürgen Hoffmann related to mining rights involving Deep Yellow Limited, the court may also be signaling a stance on the prolonged legal dispute by awarding costs.

If you need a deeper analysis or more details on the legal reasoning behind the decision, let me know!

You said:

what was the outcome of the previous cases?

ChatGPT said:

Tumas Granite CC and its principal, Mr. Jürgen Hoffmann, have been involved in multiple legal proceedings against the Namibian Ministry of Mines and Energy (MME) and associated entities, including Deep Yellow Limited's subsidiaries. Below is a summary of the notable cases and their outcomes:

1. Tumas Granite CC v. Minister of Mines and Energy and Others (2008):

• Background: Tumas Granite CC applied for an Exclusive Reconnaissance Licence (ERL 79) in May 2005. While this application was pending, another company applied for an Exclusive Prospecting Licence (EPL) over the same area, which was granted in September 2005. Tumas Granite was informed of the refusal of their application in June 2006.

• Legal Issue: Tumas Granite sought to review and set aside the decision to grant the EPL to the other company, arguing that their application should have been considered first.

• Outcome: The High Court dismissed the application, finding that Tumas Granite, not being the holder of a reconnaissance licence, was not eligible to apply for an exclusive reconnaissance licence under the relevant section of the Minerals (Prospecting and Mining) Act.

  saflii.org

  
  

2. Tumas Granite CC and Another v. Minister of Mines and Energy and Others (2014):

• Background: Tumas Granite challenged certain procedural steps taken by the respondents, alleging that these steps prejudiced their procedural rights under the court rules.

• Legal Issue: The applicants contended that the respondents' actions constituted an irregular step, adversely affecting their rights.

• Outcome: The court held that the irregular step did prejudice the applicants by undermining their procedural rights, implying a decision in favor of Tumas Granite on this procedural matter.

  NamibLII

  
  

3. Tumas Granite CC v. Minister of Mines and Energy and Others (2023):

• Background: Tumas Granite sought access to certain documents held by the MME, claiming these were necessary for their legal proceedings.

• Legal Issue: The case revolved around whether Tumas Granite was entitled to access the requested documents, which the respondents claimed were privileged.

• Outcome: The court found that the respondents had made a case for limited disclosure, allowing Tumas Granite restricted access to the documents, balancing the need for confidentiality with the applicants' right to information.

  eJustice

  
  

4. Tumas Granite CC and Another v. Minister of Mines and Energy and Others (2024):

• Background: In this case, Tumas Granite continued their legal efforts related to mining licences and environmental clearances.

• Legal Issue: The applicants challenged the decisions of the MME concerning the issuance of certain licences, alleging procedural and substantive irregularities.

• Outcome: The court allowed restricted access to certain documents for the applicants, indicating a partial success for Tumas Granite in obtaining the information necessary for their case.

  ejustice.jud.na

  
  

These cases highlight the ongoing legal disputes between Tumas Granite CC, led by Mr. Jürgen Hoffmann, and the Namibian Ministry of Mines and Energy, often involving challenges to licensing decisions and procedural fairness in the mining sector.

Sources

You said:

please provide details on Tumes Granite CC and Jürgen Hoffmann

ChatGPT said:

Tumas Granite CC is a close corporation established under Namibian law, primarily engaged in activities related to mining and mineral exploration. The company has been involved in multiple legal proceedings concerning mining licenses and environmental clearances in Namibia. Notably, Tumas Granite CC has filed several applications challenging decisions made by the Ministry of Mines and Energy, as well as other entities, regarding the issuance and management of mining rights. These legal actions underscore the company's active role in seeking judicial review of administrative decisions affecting its interests in the mining sector.

NamibLII

Mr. Jürgen Hoffmann, associated with Tumas Granite CC, has been a key figure in these legal challenges. Beyond his involvement in the mining industry, Mr. Hoffmann is recognized as a psychologist in private practice based in Windhoek, Namibia. He pursued his studies at the University of Pretoria and attended the Deutsche Höhere Privatschule (DHPS) in Windhoek. His professional background includes working as a self-employed psychologist, providing services in educational psychology.

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In addition to his professional endeavors, Mr. Hoffmann has participated in various community and sporting events. For instance, he has been involved in clay target shooting competitions, with events such as the "Jürgen Hoffmann Cup" being organized by local clubs. This highlights his engagement in recreational activities within the Namibian community.

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It's noteworthy that Mr. Hoffmann's dual roles in both the mining sector and psychological practice reflect a diverse professional portfolio, contributing to different facets of Namibian society.

Sources