IN THE HIGH COURT OF NAMIBIA

HELD AT WINDHOEK
Case no:

In the matter between:

PETRONEFT INTERNATIONAL LIMITED First applicant

GLENCORE ENERGY UK LIMITED Second applicant

and

THE MINISTER OF MINES AND ENERGY First respondent

THE PERMANENT SECRETARY OF MINES AND ENERGY Second respondent

THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA Third respondent

NATIONAL PETROLEUM CORPORATION OF NAMIBIA

(PROPRIETY) LIMITED Fourth respondent

NAMCOR PETROLEUM TRADING & DISTRIBUTION

(PTY) LTD CORPORATION OF NAMIBIA (PTY) LTD Fifth respondent

NAMCOR INTERNATIONAL TRADING LIMITED Sixth respondent

NAMCOR INTERNATIONAL LIMITED Seventh respondent

NOTICE OF MOTION

Part A

TAKE NOTICE that application will be made on behalf of the applicants at 10 am on 14

March 2011, or as soon thereafter as counsel may be heard, for orders:

(1) Condoning applicants’ non-compliance with the rules of above honourable court and

authorising this application to be heard in terms of Rule 6(12), by virtue of the facts

and on the grounds set out in the founding affidavit.

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(2) Interdicting and restraining the respondents from implementing

(a) the purported decision by the third respondent, through the Cabinet of the

Republic of Namibia on or about 21 October 2010, and taking effect as from 1

February 2011, purporting to approve the revocation of the fourth

respondent’s mandate to import 50% of petroleum products into Namibia.

(b) the purported decision by the first respondent, alternatively second respondent,

on or about 21 October 2010, and taking effect as from 1 February 2011,

requiring the fourth respondent to terminate its contractual obligations to the

sixth respondent.

(3) Directing that (2)(a) and (b) operate as an interim interdict pending the determination

of Part B hereof.

(4) For further and/or alternative relief.

(5) Directing that the costs in relation to Part A be determined in terms of Part B.

FURTHER TAKE NOTICE that if you intend to oppose the relief sought in terms of Part

A of this notice of motion, you are required to:

(1) deliver to the applicants and the Registrar of the above Court a notice of intention to

do so, by no later than Monday 28 February 2011;

(2) provide in that notice appoint an address where further documents in this matter can

be delivered, situated within 8 km of the above Court; and

(3) to deliver your answering affidavit by no later than Friday 4 March 2011.
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Part B

TAKE NOTICE FURTHER that on a date to be determined by the Registrar of this

Honourable Court, the applicants shall seek orders:

(1) Reviewing and setting aside the decision by the third respondent, through the Cabinet

of the Republic of Namibia on or about 21 October 2010 purporting to approve the

revocation of the fourth respondent’s mandate to import 50% of petroleum products

into Namibia.

(2) Reviewing and setting aside the decision by the first respondent, alternatively second

respondent, on or about 21 October 2010 requiring the fourth respondent to terminate

its contractual obligations to the sixth respondent.

(3) Declaring that:

(a) the fourth respondent remains authorised to procure by import into Namibia

50% by volume of each of the petroleum products required for delivery by

local oil companies pursuant to their respective wholesale licences during each

calendar year;

(b) the supply agreement entered into between the fifth respondent and the sixth

respondent on 13 March 2009 remains valid, of full force and effect and

binding.

(4) Directing the first, second and third respondents and all other respondents opposing

the relief sought in this notice of motion to pay the applicants’ costs, including the

costs of two instructed and one instructing legal practitioner, jointly and severally, the

one paying the other to be absolved.

(5) Granting further and/or alternative relief.

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FURTHER TAKE NOTICE that the first and/or second and third respondents are required to

(i) despatch, within 15 days after receipt of the notice of motion to the Registrar the

record of proceedings, if any, giving rise to the impugned decisions;

(ii) provide such reasons as they desire or are by law required to give in support of the

impugned decisions, showing cause, if any, why the decisions should not be reviewed

and set aside; and

(iii) notify the applicant that he or she has done so

FURTHER TAKE NOTICE that if you intend to oppose the relief sought in Part B of this

notice of motion, you are required to:

(1) deliver to the applicants and the Registrar of the above Court a notice of intention to

do so, by no later than 15 days after receipt of this notice of motion;

(2) in that notice appoint an address where further documents in this matter can be

delivered, situated within 8 km of the above Court; and

(3) to deliver your answering affidavit by no later than 15 days after receipt of your

notice to oppose.

As regards both Part A and Part B

TAKE NOTICE FURTHER that the accompanying affidavit of Andrew Gibson and

annexures thereto will be used in support of Part A and Part B this application.

FURTHER TAKE NOTICE that the applicants have appointed the address of their legal

practitioners of record in this matter where they will accept notice and service of all process

in these proceedings as set out below.

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KINDLY ENROL the matter accordingly for hearing as a matter of urgency on 14 March

2011 in relation to Part A, and on an expedited basis as regards Part B.

DATED AT WINDHOEK ON THIS 22DAY OF FEBRUARY 2011

________________________________
LorentzAngula Incorporated
Legal practitioners for the applicants
3rd Floor, Unit 4, LA Chambers,
Ausspann Plaza,
Dr Agostinho Neto Road,
Windhoek
Ref: Ms E Angula

To: The Registrar of the High Court

Windhoek

And to: THE ABOVENAMED FIRST TO THIRD RESPONDENTS

C/o the Government Attorney
2nd floor, Sanlam Building
Independence Avenue, Windhoek

And to: THE ABOVENAMED FOURTH AND FIFTH RESPONDENTS

Petroleum House
1 Aviation Road
Private Bag 13196
Windhoek
Namibia
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And to: NAMCOR INTERNATIONAL TRADING LIMITED

325 Waterfront Drive
Omar Hodge Building
2nd Floor
Wickam's Cay
Road Town
Tortola BVI 3

And to: NAMCOR INTERNATIONAL LIMITED

5T Floor
Chancery House
Lislet Geoffrory Street
Port Louis
Mauritius