Onghulumbashe (Pty) Ltd is an established mining company that has successfully operated its business in the Namibian mining industry over the last five decades under the previous mining regime. Namibia is one of the world's biggest producer of platinum and Onghulumbashe (Pty) Ltd was the leading company that extracted platinum in the Okashana complex, the main producing area of this mineral in Namibia. Onghulumbashe (Pty) Ltd, as a leading company that specialized in extracting and refining this metal, has spent years and millions of Namibian Dollars in order to improve its mining operations, specifically related to the extraction and refinement of platinum.

In January 1992, the Minerals (Prospecting and Mining) Act 33 of 1992 came into operation, which makes provision for equitable access to and sustainable development of the nation's mineral and petroleum resources. In terms of the Minerals (Prospecting and Mining) Act 33 of 1992, Onghulumbashe (Pty) Ltd's limited real right to mine automatically ceased to exist on the date the Act came into operation. In consequence, Onghulumbashe (Pty) Ltd had to apply for "new order" mining rights to carry on with its business. On 2 June 1992, Onghulumbashe (Pty) Ltd applied for mining rights in the Okashana complex. The application was summarily turned down by the Ministry of Mines and Energy without giving any reasons to Onghulumbashe (Pty) Ltd. In the interim, mining rights pertaining to the Okashana complex were granted to Cassinga (Pty) Ltd. The official who turned down Onghulumbashe (Pty) Ltd's application is a shareholder in Cassinga (Pty) Ltd.

1.       Identify two organs of state in the given set of facts. Explain your answers with reference to the relevant provisions of the Namibian Constitution (Article 18 and Article 93).  

2.      Article 18 of the Namibian Constitution requires that an administrative action must be reasonable. In order to determine whether Onghulumbashe (Pty) Ltd's right to reasonable administrative action was infringed, explain the Namibian Courts' interpretation of the right to reasonable administrative action. In your answer you should apply the Courts' interpretation to the given set of facts by referring to the relevant case law and relevant provision(s) of the Namibian Constitution. 

3.      In light of the common law rules/principles of natural justice (the audi alteram partem and the nemo iudex in sua causa rule), discuss whether bias is in evidence in the given set of facts. 

4.      Administrative action which materially and adversely affects the right or legitimate expectations of any person must be procedurally fair. Discuss fully whether Onghulumbashe (Pty) Ltd has had procedurally fair treatment in terms of Article 18 of the Namibian Constitution. 

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1 There are two primary organs of state mentioned in your scenario The first is Namibias legislature which is implied by the mention of the Minerals P... View the full answer