Environmental Law and Policy in Namibia: Towards Making Africa the Tree of Life (Third Edition)

THE CONTRIBUTORS

Shirley Bethune is a Senior Lecturer in the School of Natural Resources (Nature Conservation) at the Polytechnic of Namibia, lecturing in Aquatic Ecosystems Management, Ecology, Plant and Animal Studies as well as Methodology of Environmental Education and Extension. Ms. Bethune holds a Master of Science degree (MSc) in Limnology from Rhodes University (South Africa) and a Limnology Honours Degree cum laude from the University of the Free State (South Africa). She published a book on the wetlands of Namibia for school children. She has twenty-five years of experience in the field of water and wetlands research in Namibia and three years as Namibia’s focal point to the United Nations Convention to Combat Desertification (UNCCD). Ms. Bethune serves as Namibia’s NGO focal point for the Convention on Wetlands of International Importance (RAMSAR) and its Programme for Developing Communication, Education, Participation and Awareness (CEPA).

Nicole Bogott is the Head of the Country Office at the Hanns Seidel Foundation in Namibia. She oversees the foundation’s project in the areas of environmental awareness, sustainable economic development, democratisation and good governance. Previously she worked at EurActiv, which is the only pan-European media for EU Affairs. Ms. Bogott was further in charge of a global leadership community at a European non-profit organisation. She writes regularly for MindThis Magazine, The European and Global Diplomacy. Additionally, she gained work experience at the Chicago Council on Global Affairs in the US, the Embassy of the Federal Republic of Germany in Yemen, the German Council on Foreign Relations in Berlin and the German Chamber of Commerce and Industry in Morocco. She received her academic qualifications from universities in the UK, the US, Turkey and France and holds multi-lingual degrees in International Relations, European and Development Studies, while focusing particularly on the topic of Cosmopolitan Democracy.

Thomas Falk, PhD works as Ecosystem Services Specialist in the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) in Hyderabad/India. Institutional Economist by specialisation, he has done extensive research in the field of natural resource governance in developing countries. He studied for instance in the frame of the project ‘Biodiversity Monitoring Transect Analysis in Southern Africa’ (BIOTA) the regulatory framework of land, water and forest resources in communal areas in Namibia and South Africa. Dr. Falk further supported the establishment of the Biosphere Reserve Nuratau-Kyzylkum in Uzbekistan. In the trans-disciplinary research project ‘The Future Okavango’ (TFO, www.future-okavango.org) he facilitated stakeholder engagement. As a member of the scientific consortium of the “Southern African Science Service Centre for Climate Change and Adaptive Land Use” (SASSCAL, www.sasscal.de) Thomas Falk further contributed to the establishment of the Centre.

Manfred O. Hinz studied law and philosophy at the University of Mainz, Germany, where he graduated in law. He took his legal practitioner examination in 1964, the year in which he also obtained his PhD from the University of Mainz. After studying anthropology, sociology and African and Oriental languages at the same University, he became assistant lecturer, teaching anthropology and public law. In 1971, he was appointed full professor at the University of Bremen. In 1989, he went to Namibia where, after its independence, he assisted the Ministry of Justice in its projects to restructure the traditional administration of justice and to make an inventory of customary law. He was later seconded to the office of the first Vice-Chancellor of the University of Namibia (UNAM) to help build the first institution for legal education on Namibian soil: UNAM’S Faculty of Law. He joined the Faculty upon its inception. He has served as Deputy Dean and Dean of the Faculty. Prof. Hinz held the United Nations

Educational, Scientific and Cultural Organisation (UNESCO) Chair: Human Rights and Democracy in the Law Faculty’s Human Rights and Documentation Centre from 2000 to 2009. In 2009, Prof. Hinz retired from his full-time position at the University of Namibia. In 2010 he returned to Germany, but remained related to UNAM as research professor. Apart from holding the position of Professor at the University of Bremen, he is Adjunct Professor of Law and African Studies at the Jacobs University in Bremen since 2014. Prof. Hinz has published widely in his areas of specialisation, particularly in the fields of legal and political anthropology, constitutional and international (economic) law.

Peter Frank Koep holds a BA and a LLB from the University of Cape Town. He was admitted as an attorney in 1980 and established Koep & Partners in 1982. He is currently a consultant at the firm. Mr. Koep concentrates primarily on mining, corporate and commercial work. Presently, much of his time is spent consulting with clients involved in the mining sector, undertaking due diligences and offering political and economic feasibility-related analyses and advice to potential investors. He has been and is intimately involved in the largest project finance transactions undertaken in Namibia. He is a long-standing member of the Law Society of Namibia and previously was a Councillor of the Law Society of Namibia, convenor of the Committee on Human Rights, a member of the Board for Legal Education and a member of the International Bar Association. He was the founding member and subsequently President of Namibia Peace Plan 435, working for the implementation of United Nations Resolution 435 of 1978 leading to the independence of Namibia. He is also a court-accredited mediator. Over the years, Mr. Koep has delivered numerous papers and articles for a range of publications.

Eliamani Laltaika is a lecturer in Intellectual Property and Environmental law at Tumaini University-Iringa, Tanzania. He is a former WIPO Indigenous IP Law Fellow (2009) and the current coordinator of the Tanzania Intellectual Property Rights Network (TIP-Net) a non-governmental organisation dedicated to sensitising Tanzanians on issues related to IP and technology transfer. Mr Laltaika is a holder of degrees in law from Tumaini University-Iringa University College, Tanzania (LLB-Hons) University of KwaZulu Natal, South Africa (LLM-Environmental Law) and the Munich Intellectual Property Law Centre, MIPLC, Munich-Germany (LLM-IP). He completed a PhD in IP at the Max Planck Institute for Intellectual Property and Competition Law in Munich, Germany. Dr. Laltaika is also an advocate of the High Court of Tanzania and legal researcher-cum-consultant for UNESCO’s Global Database Ethics Observatory System (GEObs), an ongoing project to develop a system of databases with worldwide coverage in bioethics and other areas of applied ethics in science and technology such as environmental ethics, science ethics, and technology ethics. Since August 2012 he has been attached to the IP Law Unit of the Faculty of Law, University of Cape Town as an Open Africa Innovation Research and Training (open A.I.R.) fellow.

Isaac Mapaure is a Professor of Environmental Biology/Ecology in the Department of Biological Sciences at the University of Namibia (UNAM). He is also the Research Coordinator for the University of Namibia. He holds a PhD in Ecology, which he obtained from the University of Zimbabwe (in conjunction with the Norwegian University of Life Sciences, Norway). He previously worked as a Senior Ecologist for a number of years in the Ministry of Agriculture in Zimbabwe before moving to the University of Zimbabwe’s Tropical Resource Ecology Programme (TREP) as a Lecturer and later became the Academic Coordinator for TREP. Prof. Mapaure joined UNAM in 2003, and is a former Deputy Dean of the Faculty of Science at UNAM. He has more than twenty years experience in research, consultancy and student supervision. He has had short visiting lectureships at Edinburgh University (UK) and Macquarie University (Australia). He teaches a number of Environmental

Biology/Ecology courses for undergraduate and postgraduate students in the Faculty of Science. Prof. Mapaure has supervised more than 60 BSc students and more than 30 Postgraduate students. His areas of research interest include natural resources management, vegetation dynamics and disturbance ecology, desertification and land degradation, climate change impacts on biodiversity and livelihoods, phytogeography and biodiversity conservation. He has published more than forty-five journal papers, several small books and a number of book chapters. Prof Mapaure has participated in several international projects and programmes in a number of SADC and other countries. He was recently involved in a project on ‘Building Capacity to Assess and Increase the Climate Change Mitigation and Adaptation Capacities of Vulnerable Communities in Southern Africa’. Selected current projects include ‘Options for sustainable geo-biosphere feedback management in savanna systems under regional and global change (OPTIMAS)’, ‘Understanding the dynamics of arid savanna ecosystems experiencing various disturbance regimes in highland biomes of central Namibia’; ‘Population dynamics of Moringa ovalifolia Dinter & Berger’; ‘Use of groundwater, honey bees and soil in the assessment of climate change and adaptation strategies among communities of the Omusati, Ohangwena, Kavango and Zambezi Regions of Namibia’; and ‘Rainfall and herbivory: characterising the transmission route for anthrax in grazing wildlife in Etosha National Park’.

Felicity !Owoses-/Goagoses is a Deputy Chief at the Directorate Legislative Drafting, Ministry of Justice, Namibia. She has 12 years of experience in drafting of legislation in areas of town planning and environmental law and land reform, amongst others. She has recently been appointed as a Commissioner of the Law Reform and Development Commission of Namibia. She is also a Part Time Lecturer at Faculty of Law, University of Namibia (UNAM), lecturing Legal Research, Writing and Interpretation. Ms. /Goagoses holds B. Juris and Bachelor of Laws (LLB) degrees from UNAM. She is currently an LLM candidate in Constitutional Law at the University of South Africa (UNISA). She is a member of the Commonwealth Association of Legislative Counsel. In 2013, she published a book titled Planning Law in Namibia which focuses on town planning and township establishment in Namibia. She also published a number of academic articles on children’s rights, family law and constitutional law.

Mary Picard, PhD, is an Australian lawyer who holds a BA (Hons) from the University of Melbourne, an LLB (Hons) from Monash University in Melbourne, a DEA (Diplôme d'études approfondies, Master’s equivalent) and a doctorate in public international law from the Graduate Institute of International and Development Studies, Geneva. She is an international legal consultant based in Harare, and has worked since 2006 in the field of international and comparative disaster law and policy, with the International Federation of Red Cross and Red Crescent Societies (IFRC), the Sphere Project, UNDP, and more recently the Asian Development Bank. The scope of her work has included regulatory frameworks for international response to major disasters, domestic law on disaster risk reduction, climate change, and urban resilience. Mary has a particular interest in the intersections between development planning and disaster risk reduction, especially regarding water resource management, explored in a forthcoming chapter, “Water Treaty Regimes as a Vehicle for Cooperation to Reduce Water-Related Disaster Risk: The Case of Southern Africa and the Zambezi Basin,” in The Role of International Environmental Law in Disaster Risk Reduction, Jacqueline Peel and David Fisher (Eds) (Brill, 2016). She was the project coordinator and lead author of the groundbreaking study, Effective Law and Regulation for Disaster Risk Reduction: A Multi-Country Study (IFRC, UNDP, June 2014) (see www.drr-law.org). She worked on an IDRL Model Act and on the review of the Sphere Humanitarian Charter during 2010-11, and has undertaken IFRC country case studies in legal frameworks for disaster risk reduction, Nepal 2010, and international disaster response laws rules and principles (IDRL), Guatemala, 2006. She practised employment and anti-discrimination law in Melbourne in the 1990s, and was a national trade union official in the education sector there in the late 1980s.

Ewan Powrie is an international legal consultant based in Dakar, Senegal. He holds a BA (Hons) from the University of Oxford and was admitted to legal practice in England and Wales in 2009. His work over the last few years has focused on how legal frameworks can support disaster risk reduction, and he has undertaken multiple projects for the International Federation of Red Cross and Red Crescent Societies (IFRC) and UNDP that explored this theme. He has extensive experience planning, coordinating and undertaking research projects in jurisdictions as diverse as Ethiopia, Namibia, Haiti and Indonesia. His work also contributed to the study Effective Law and Regulation for Disaster Risk Reduction: A Multi-Country Study (IFRC, UNDP, June 2014) (see www.drr-law.org). He was part of the Expert panel for the IFRC’s Model Act on disaster relief and he has also worked on legal barriers to the provision of emergency and transitional shelter in Haiti, and international disaster response law (IDRL) in Myanmar, both for IFRC. Prior to his consulting work, he worked for the international law firm CMS Cameron McKenna, where he specialised in commercial and regulatory advice to clients in the energy sector, with a particular focus on renewables, electricity sector regulation (national, European Union and international), and the reform of national legal frameworks.

Natalie A. Renkhoff is a legal consultant for Nature and Mining Legal Consultants, Windhoek. She graduated in law after studies at the Universities of Marburg, Bonn (both in Germany) and Leeds (UK) and did her legal practitioner examination in Rhineland-Palatinate. She also holds a Master of Laws degree (LL.M.) from Columbus School of Law, Washington D.C. and a PhD from the University of Bremen, Germany.

Hugo Meyer van den Berg holds an LLB and a BA Hons (Latin) cum laude from the University of Stellenbosch. He also holds a LLM cum laude in South African and Namibian mineral law and a PhD in South African and Namibian petroleum law from the University of Cape Town. He was admitted as Legal Practitioner in June 2010 and became partner at Koep & Partners in March 2015. He concentrates primarily on mining, corporate and commercial work, as well as litigation and trademarks.

Lesley-Anne van Wyk is the Project Coordinator for the Environmental Awareness and Climate Change Project at the Hanns Seidel Foundation in Namibia. She holds a Masters in Globalisation and Development Studies from the University of Maastricht in the Netherlands and a Bachelors in Journalism from the University of Pretoria in South Africa. She researched inter alia climate change in Africa-EU policy-making and Transboundary Water Resources Management in the context of the Southern African Development Community (SADC) while employed in the Food Security Programme of the European Centre for Development Policy Management (ECDPM) in the Netherlands. Previously, Ms. van Wyk was responsible for communications and knowledge management for a Climate Change Adaptation project in the Namibian Ministry of Environment and Tourism (MET) implemented by the United Nations Development Programme (UNDP). She also gained professional experience while at the Joint United Nations Programme on HIV and AIDS (UNAIDS) in Namibia where she provided technical assistance for achieving country programme targets related to communication, humanitarian response, national and regional policy development and human rights advocacy programmes.

Nadia von Bassewitz works a Senior Advisor for the competition team of Avisa Partners, a Brussels based consultancy firm which provides EU public affairs services since 2007. Avisa Partners has a significant practice and extensive track record in the fields of competition. Prior to joining Avisa she worked as free-lance Consultant in the field of competition and trade law mainly on EU TradeCom projects, preparing secondary legislation and policy documents, as well as organising staff training for regional trade blocs and various competition authorities in Sub-Saharan Africa. Previously, she was a lecturer in international business law, WTO law and competition law at the Polytechnic of Namibia as well as at the Law Faculty of the Addis Ababa University (Ethiopia). From 1998 to 2004 Mrs von Bassewitz served as temporary agent at the European Commission, General-Directorate Competition in Brussels (Belgium). She completed her undergraduate legal studies at the Westfälische-Wilhelms Universität Münster (Germany). She also holds a Master in European Community Law (LLM) degree from the College of Europe in Bruges (Belgium) and a Master in Public International Law degree from the University Paris X-Nanterre (France).

Anielle von Finckenstein has just obtained her Bachelor of Laws degree (LLB) from the University of Stellenbosch and will commence her articles of clerkship at Koep & Partners in Namibia in 2016. During her time at Stellenbosch she developed a keen interest in socio-economic rights and academic writing. After having served on the 2014 editorial committee of Responsa Meridiana, a law journal exclusively publishing undergraduate students, she became the editor of the 2015 edition.