Greetings
I have been traveling a lot and haven't had time to check in on this board until today. I see there is some lively debate!
For what its worth here is what I can say (some of it is repetition but worth pointing out anyway!).
FACT
The Supreme Court judgement is final. The so called 'Notice of Irregularity' was and remains a non starter. The Minister of Mines is a party to the judgement - as such he has to recognize MLS as the rightful owner of the rights attached to the lease. However, the judgement does not specifically order the Minister to renew the leases. Legally this is a separate action.
CLOSE AS DAMNIT TO FACT
It is both naive and a little arrogant to assume that the only matter facing the Namibian judicial system is the MLS matter. The reason, however, that no formal notice has been issued regarding the fact that the 'Notice of Irregularity' has no substantive basis in Namibian law is nothing sinister. A lot of people are on holiday at this time of year and any formal Court document needs certain signatories before it can be issued. My 'research' leads me to strongly believe that one such signatory is on vacation and he is trying to be contacted so that the notice can be issued.
INFORMED OPINION
The only way the lease wouldn't get involved is due to political maneuvering. The night visit at the Chief Justice is a blessing in disguise for a couple of reasons. Firstly it shows that Mr A has no 'in' with the Minister of Mines (why visit the Chief Justice if you can go direct to the person that will decide if the licenses will be renewed). Secondly it focuses everyone's attention on the Chief Justice and the Minister when it comes to renewal. I can't see the license not getting renewed - not with all the focus on the Namibian judicial system that it would attract. Once again, although a relative concept, Namibia is a stable democracy with a solid judicial system.
Let's hope the Court issues guidance soon. Although it would be a mere formality. Hold your breath more when it comes to the actual renewal. I personally, have every reason and belief that it will be fine.
Best regards
O
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