LEGAL counsel for Metals Australia and Metals Namibia has described the 'notice of irregularity' filed by a Namibian lawyer in an attempt to have a Supreme Court judgement reviewed as "wholly irregular and a nullity".
The mining company yesterday noted in a press statement that Jeremy Gauntlett and Frank Pelser, their legal counsel, had advised the mining firm that the Supreme Court Act in Namibia does not allow an appeal or review of a Supreme Court judgement.
Gauntlett and Pelser furthermore informed their clients that any attempt to dispute a Supreme Court judgement "has no validity or effect in law".
The comments come in the wake of a "perplexing" and doubtful legal move made by lawyer Ephraim Kasuto, whose client Malai Joses Amukutuwa lost an appeal case against the mining companies.
Amukutuwa has claimed for the past few years that he was unfairly duped into selling uranium prospecting licences to Metals Australia.
However, following an appeal procedure instituted by Metals Australia against a High Court judgement made in favour of Amukutuwa, the Supreme Court in November, in a unanimous judgement, ruled that Metals Namibia and Metals Australia were the exclusive owners of the licences.
In response, Kasuto vowed to "take the matter up with the Chief Justice of the Supreme Court as well as the SADC Tribunal".
Kasuto claimed that "due to special circumstances" related to the Supreme Court judgement, "there are strong grounds to challenge the judgment".
Kasuto has been ordered by the Supreme Court to explain by Monday morning what legal provision he has based his 'notice of irregularity' on that would permit him to file such a notice.
