Dear Sir,
In re:  article published 22 January 2010 – titled “Battle on for farmland” - as it relates to the loggerheads between Purity Manganese and Ministry of Lands & Resettlement I was surprised when I read the article in question and more particular the comments made by Mr Eretz therein. If I may provide you with some background information as it relates to Farm Ebenezer 377, in the district Okahandja/Otjiwarongo is currently registered in the name of Ebenezer (Pty) Ltd.
[This] company had entered into a deed of sale of shares with Purity Manganese in terms of which the controlling interest in the company had been sold to Purity. Either or both parties, namely Ebenezer and/or Purity, applied for a certificate in terms of Section 17 of The Agricultural Land Reform Act (ALRA). As Purity have only one shareholder and Director, namely Dr Boris Bannai, a foreign national, Purity is regarded as a “foreign” company for the purposes of the ALRA who cannot purchase agricultural land contrary to provision of Section 58 of ALRA.
The attempted purchase by Purity Manganese of the Farm Ebenezer, we believe, not withstanding the supposed intention of building a factory, was made exclusively for the purpose of thwarting Otjozondu Mining’s mining and exploration rights which encompass nearly 90% of farm Ebenezer and Purity’s only about 10% of the farm.  Therefore the statement made by Mr Eretz in your article that “we are already using the land for mining...” does by necessary implication imply that they hold the rights to mine over the entire land which is in fact incorrect. Otjozondu Mining became aware of the attempted purchase of the land in question by Purity Manganese without due compliance with the ALRA and approached the Windhoek High Court to protect its rights of exploration of farm Ebenezer and ensure the compliance with the rule of law.
On the 7th of October 2009, at Windhoek High Court, judgement was granted in favour of Otjozondu Mining, setting aside any scheme whereby the sale of shares in Ebenezer (Pty) Ltd, and thereby the ownership of said farm, to Purity Manganese be declared unlawful and null and void without the full and due compliance of provisions in ALRA.  A copy of the Judgement is enclosed herewith for your reference, it further surprises me that Mr Eretz, alleges that “we are at a loss why Ministry refused to sell us the land” when the legal process required service of notice of all legal documentation be served on Purity and that they would have a copy of the judgement.
Yours faithfully,
Name withheld
(Individual familiar with the dispute. - Ed.)