I, Izak Schalk Willem Smit am a white male 65 years of age and a permanent resident of Namibia through marriage, South African ID Number 5801135012082 residing at 1 Kunenestreet, Kramersdorf, Swakopmund, cellular phone number 0816094460.

1. I am the chairperson of a Voluntary Association Desert Lions Human Relations Aid (DeLHRA) based in Swakopmund. DeLHRA has Memorandum of Understandings with the Torra, Anabeb and Sesfontein Conservancies aiding them with the mitigation and management of Human Lion Conflict experienced in their conservancies as recorded in our organisation’s constitution as well as the conservation of the Desert Adapted Lions in the Kunene region.
2. On the 12th October I received information from the CEO of an NGO, some-one I can only identify and who will be willing to testify if protected under section 185 of the Criminal Procedure Act 51 of 1977, that the Lion with a Satellite collar monitored by them known as XPL 107 named “Mwezi” by the researcher Dr Philip Stander of the Desert Lion Conservation Trust, seemed to have been transported from his resting place in the Skeleton Coast Park about four kilometres in from the Palmwag concession area in the Uniab riverbed to the Wild Veld Hunting camp in the Khowarib village area as indicated by the satellite collar. According to my source this movement seemed to indicate that the Lion may have been shot or darted to transport it.
3. Upon my investigation on the 12th of October, I received a telephonic report from a collaborator in the Khowarib village in Anabeb conservancy pertaining to the presence of a Lion very near the village the previous early evening. The informant is on voice recording but requested to remain anonymous out of fear of retribution should he be named. Our informers and key witnesses are willing to testify if protected under section 185 of the Criminal Procedure Act 51 of 1977 as retribution and victimization is feared.
4. The informant reported that the Lion Rangers in the village told him that they got notification through the “early response system” sending them sms’s in the early evening on the 11th October, that a Lion was lurking near the village and they had to respond. He was later told that the signals received came from a collar fitted to a dead Lion in the Wild Veld Safaris hunting camp near the village where a Lion that had been shot earlier that day had been brought to.
5. We acted on the information as we were aware that a Lion known as XPL 107 and named “Mwezi” by the Desert Lion Conservation Trust, was being observed in a publication by the Desert Lion Conservation Trust’s Dr Philip Stander on his website on the 9th of October stating that the Lion had been mating with a Lioness known as XPL 108, following her around. 
6. We made enquiries as to whether any Trophy Hunting of Lions or culling of problem causing Lions had been in progress in the conservancies. This was denied by the Conservancies but led us to the gatekeeper at the entry gate to Palmwag concession near the Aub canyon as a logical entry point to access the Lion in question. Upon our enquiries the manager of the Palmwag Gondwana lodge, Simon Andreas reported back in the form of a recorded interview with “Esau” the gatekeeper. 
7. In the recording Esau says that a vehicle of the Ministry of Environment Forestry and Tourism with two personnel escorting a hunting vehicle with a hunting party of five people and a rifle had entered the concession area stating that they were there for “policing”. The recording submitted herewith speaks for it-self but we clearly understood that Esau asked as to why they entered with a fire-arm. He also states that they returned later.  From this information and that of the CEO of the NGO to be named, we arrived at the conclusion that this Lion had been hunted and shot at the last recorded position in the Skeleton Coast Park or just inside the Palmwag concession area’s Western boundary around mid-day 11th October 2023.
8. I immediately sent an email to Mr Kenneth Uiseb of the Ministry of Environment, Forestry and Tourism, attached hereto as IS-A, to enquire as to the legitimacy of the hunt as it was conducted by a private hunting organization in a protected area or Park and this while the relevant conservancy, Torra, had, according to the answer given upon my enquiry by their treasurer, Emil Roman, not been consulted or advised about such a hunt. Upon enquiry the General Manager of Gondwana Palmwag Lodge said that they, as concession holder and custodian of the area and wildlife in it, had also not been advised of such a hunt by any-one before-hand. He said that he consequently took it up with his head office.
9. My letter to the MEFT remained unanswered. To the best of my knowledge and given the circumstances, Trophy Hunts in Protected Areas such as Palmwag concession area, under custodianship or in the Skeleton Coast has been unheard of up to now and I do believe that this hunt may have been conducted illegally. Protocol, Conservancy rules and the Official MEFT Policy dictates that the Field Officer of conservancies in which hunts are conducted should be present which does not seem to have been the case in this instance. A Hunting permit was also not presented to the gatekeeper at Palmwag gate nor was an explanation offered as to the real reason for entering the gate.
10. On 18 October 2023 a press release attached hereto as IS-B was issued by the Ministry of Environment, Forestry and Tourism. Not only does it contain a concession that the information alluded to hereinbefore was correct and that the aforesaid lion was in fact hunted but it also contains several factual allegations that seems unsubstantiated, mentions nothing about a probable trophy hunt and as I will attempt to show hereinunder misconstrues the legal position and applicable legal provisions contained in the Nature Conservation Ordinance 4 of 1975 as amended and the Regulations issued thereunder. It also wrongly appears to accept that the Revised National Policy on Human Wildlife Conflict Management supersedes or overrides specific provisions of the applicable legislation. 
11. Although there are in my opinion several unsubstantiated allegations made in the Press Release, I wish to quote and address only a few. The parts I consider important to the merits of this matter are: 

11.1 “Recently, on the 10th October 2023 in the Palmwag area, Kunene Region a male lion seven or eight years old was declared as a problem causing animal and destroyed for persistently killing people’s livestock as per the provisions of our laws and policies.”

11.2 “The lion caught and killed fourteen goats in July this year before it killed a brahman bull in the area of Plamfontein. This lion was collared making it easier for the Ministry and the conservancies to monitor its movement. To this effect, various mitigation measures and interventions were put in place by the Lion Rangers to manage the conflict but to no success. Even with the presence of game in the area, the lion continued to prey on livestock, causing serious concerns to communities and farmers in the area.”

11.3 “The lion was declared as a problem causing animal and destroyed through conservation hunting. N$20,000 from the hunt will be deposited in the Game Product Trust Fund to be used for wildlife conservation and human wildlife conflict management. A total of N$300,000 will be paid to the affected communities through Ehirovipuka and Khoadi Hoas Conservancies, to be used for conservation as well as social and economic upliftment of the communities.”

12. I wish to state that although the general allegation is made in the press release that the aforesaid lion was declared a “problem causing animal and destroyed for persistently killing people’s livestock” only two incidents, both apparently in July 2023 are mentioned. There is also no evidence referred to for the following general allegation made in the press release: “Even with the presence of game in the area, the lion continued to prey on livestock, causing serious concerns to communities and farmers in the area.” 
13. The press release also does not indicate when, and by whom, the aforesaid declaration to declare the animal as a ‘problem causing animal’ was made. 
14. Furthermore, the press release also seems to assert that the aforesaid lion was collared after the incidents in July 2023, to manage the conflict where it is well known that this specific lion was collared many years ago and as recently as two years ago was given a new collar. Dr Stander was thus monitoring this specific animal long before the alleged incidents of July mentioned in the press release. 
15. The press release also does not explain what is meant by “conservation hunting” and where the “N$20,000 from the hunt” comes from. I therefore believe and concluded that the so-called conservation hunting was in fact a trophy hunt. 
16. As there is a well-known history in Namibia of allegedly problem causing animals being made available for trophy hunting I will in short refer to the relevant legal provisions that apply. 
17. It is trite that a Lion (Panthera Leo) is listed in Schedule 4 of the Nature Conservation Ordinance 4 of 1975, hereinafter referred to as the Ordinance, as protected game. The hunting of protected game is regulated by section 27 of the Ordinance. Section 27(1) states that ‘no person other than the lawful holder of a permit granted by the Minister of Environment and Tourism shall at any time hunt any protected game. Section 27(2) provides that a permit granted in terms of this section authorises the lawful holder thereof subject to the conditions, requirements and restrictions imposed by or under this Ordinance to hunt the number and species of protected game mentioned therein at the time and place mentioned therein. Section 27(3) provides that any person who contravenes or fails to comply with any provision of subsection (1) or any condition, requirement or restriction of a permit granted in terms of this section, shall be guilty of an offence, and liable on conviction to a fine not exceeding R4 000 or to imprisonment for a period not exceeding four years or to both such fine and such imprisonment. Section 26(6) provides that any person who hunts protected game under a permit granted in terms of this section, shall at all times have such permit in his possession while he is so hunting. Section 27(7) requires the hunter to complete the permit before he leaves the farm or land on which he has hunted such protected game.
18. The press release is silent on whether a permit was issued in terms of section 27 of the Ordinance at all and to whom it was issued. 
19. It needs to be mentioned that the Ordinance does not provide for a “problem causing animal” and for declaring an animal as such. The Ordinance only provides for a problem animal and in its definition, part defines a “problem animal” as “any animal declared a problem animal in terms of section 53.”
20. Section 53 reads as follows:

53(1) The Minister may declare any wild animal a problem animal throughout Namibia or within such part or parts of Namibia as it may in its discretion determine.

53(2) Whenever the Minister declares any wild animal a problem animal in terms of the provisions of subsection (1), the name of such wild animal and a definition of the part or parts of Namibia within which such wild animal is declared a problem animal shall be made known by notice in the Official Gazette. 

21. What is quite clear from the aforesaid section is that the Minister must declare the animal a problem animal and that such declaration must be published as a notice in the Official Gazette. No mention of this or a declaration as a problem animal in terms of section 53 of the Ordinance is made in the press release. No statutory provision is mentioned in terms of which the Ministry alleges it was entitled to declare the lion as a problem causing animal and which empowered them to have it hunted for that reason. It seems as if the term “problem causing animal” was coined and used to bypass the mandatory provisions of section 53 of the Ordinance without any legislative provision authorising such term and procedure used in this case. It needs to be understood that without the lion being declared and published as being a problem animal the complementing section 54 of the Ordinance that provides for the hunting of such problem animal finds no application. 
22. Section 54 of the Ordinance reads as follows: 

54  Hunting of problem animals

(1) Notwithstanding anything to the contrary in this Ordinance contained but subject to the provisions of this Chapter, the owner or lessee of land may-

(a) at any time hunt any problem animal found on such land;

(b) engage or request any other person at any time to hunt, or assist in the hunting of, any problem animal found on such land as long as such problem animal is on such land.

(2) Notwithstanding anything to the contrary in this Ordinance contained, any nature conservator, or any other person authorised or instructed thereto by the Minister, may at any time hunt any problem animal and for that purpose such nature conservator or other person may enter upon any land without the consent of the owner or lessee thereof: Provided that whenever possible notice of such person’s presence on such land shall be given to the occupier thereof or any other person apparently in charge thereof.

23. As there was no formal and proper declaration and publication of the hunted lion as a problem animal in terms of section 53 of the Ordinance the owner or lessee of the land was not allowed in terms of the Ordinance to hunt the animal  while it was on such land or to engage or request any other person at any time to hunt, or assist in the hunting of, any problem animal found on such land as long as such problem animal is on such land. Nor does section 54(2) of the Ordinance find application in this matter. 
24. Furthermore, the Regulations Relating to Nature Conservation issued under the Ordinance in regulation 115 contains specific provisions relating to Trophy Hunting, trophy permits and permit fees. It is issued to professional hunters, master hunting guides or hunting guides who applied for it in writing an area or farm they are authorised for. No permit fees may be charged in respect of problem animals in terms of regulation 115(2) and such permits are not transferable. 
25. In the absence of a publication of the fact that the aforesaid animal was allegedly declared a problem animal as is required it seems highly suspicious that such hunters were aware of such declaration able to apply for such trophy hunting and paid a fee that was not supposed to be charged. The intention of the legislature in the presently applicable laws is clear. A problem animal will be put down with dispatch once declared and published as such and after a proper evaluation and a properly exercised discretion by the Minister. 
26. It is abundantly clear that the hunted lion was not declared a problem animal in terms of section 53 of the Nature Conservation Ordinance 4 of 1975 after a proper evaluation clearly required before such declaration can take place. Nor was such declaration published in the official gazette as is required. The Ministry therefore was not entitled to treat the lion that was shot and killed as a problem animal. Nor was it entitled to request a fee to be paid. 
27. I stand convinced that the Ministry of Environment, Forestry and Tourism has, in this instance, acted ultra vires and therefore request a full criminal investigation for a contravention of section 27(1) of The Nature Conservation Ordinance 4 of 1975 for the illegal hunting of protected game. Alternatively Hunting of protected game contrary to the conditions, requirements and restrictions imposed by or under this Ordinance or at the time and location mentioned in such permit. Alternatively, Hunting a Protected Species without a valid Permit in a Protected Area or Park 
28. The persons that whom I believe might have been involved in this illegal hunt or facilitated such illegal hunting are to the best of my knowledge the hunter client of the Hunting Organisation Wild Veld Safaris, Wild Veld Safaris and the Minister of Environment, Forestry and Tourism as represented by Mr Viva Tjivikua of Grootberg MEFT office and all personnel present facilitating this hunt.

The content of this affidavit is the whole truth and nothing but the truth.

I have no objection to taking the Oath.

I consider the Oath to be binding on my conscience.

Signed at Swakopmund on this …………………………………….day of October 2023.___________________

Izak Schalk Willem Smit