MARC is regulated by the Minerals (Prospecting and Mining) Act, Act 33 of 1992 which provide for:

  • The reconnaissance, prospecting and mining for and disposal of and the exercise of control over, minerals in Namibia and to provide for matter incidental thereto
  • Section 109 of the Act, in particular (1) When it is reasonably necessary for the holder of a Non-exclusive prospecting licence, a mineral licence or a mining claim to obtain a right
  • To enter upon land in order to carry on operations authorised by such licence or mining claim on such land.
  • To erect or construct accessory works on any land for purpose of such operations
  • To obtain a supply of water or any other substances in connection with such operations
  • To dispose of water or any other substance obtain during such operations
  • To do anything else in order to exercise any rights conferred upon him or her by such licence or mining claim.

And who is prevented from carrying on such operations by reason thereof

  • That the owner of the land in question or any person competent to grant such right in relation to such land refuse to grant such right or demands, in return of such right, terms and conditions which are in the circumstances unreasonable or has raised a dispute in relation to the interpretation or application of an order made by the Commission in terms of section 110(4)
  • That due to the number of owners a person competent to grant such right involve or such owners or persons having conflicting interest , it is not possible to obtain any such right
  • That any such owner or person is absent from Namibia or such owner or persons whereabouts is unknown or is a minor or a unsound mind or otherwise under any disability to grant any such rights

“He or she may apply in writing to the Commission to grant any such right to him or her”

The Commission shall inquire as soon as possible into any application made in terms of section 109 and heard both parties the licence holder and land owners.

Commission consists of Chairperson and 2 other members appointed by the President.
Mr Elia Ndevanyema Shikongo, Chairperson;
Dr Kleopas Dumeni, Member
Advocate Mandi Elaine Samson, Member.

Florence HoëbesSecretary
Tel: +264-61- 284 8340
Fax: +264-61-284 8385
Email: faraes@mme.gov.na