The High Court of South Africa today confirmed that the owner of
the cargo of phosphate rock aboard the detained vessel, NM Cherry
Blossom, is the Saharawi Government, and not Morocco’s state-owned
phosphate company which was not entitled to sell the commodity.
Major victory for the Saharawis in an African Court.
On 1 May 2017, the bulk carrier NM Cherry Blossom was detained
at Port Elizabeth, South Africa. Aboard the vessel was 55,000
tonnes of phosphate rock from occupied Western Sahara, sold by the
Moroccan state-owned phosphate company OCP (and subsidiary
Phosboucraa) to a New Zealand based farmers’ cooperative; Ballance
Agri-Nutrients. The exiled Government of the Saharawi Republic in
combination with the Saharawi people’s organisation Polisario had
obtained the court order for the detention of the cargo.
After several steps in the legal process, the South
African High Court 23 February 2018 declared
that:
1. The Saharawi Arab Democratic Republic is the owner of the whole
cargo of phosphate presently laden on the motor vessel “NM Cherry
Blossom”; and
2. Ownership in the phosphate has never lawfully vested in OCP SA
or Phosphates de Boucraa SA, and they were, and are, not entitled
to sell the phosphate to Ballance Agri-Nutrients Limited.
Download the complete, official ruling
here.
“This is very good news for the people of Western Sahara. The
judgment is perfectly in line with the Court of Justice of the EU
and the legal opinion of the African Union”, Mhamed Khadad,
Polisario coordinator to the UN operation MINURSO told Western
Sahara Resource Watch.
“We hope that all those companies who participate in the plunder
of the resources of Western Sahara will understand the legal risk.
Polisario will use all legal tools to put an end to the plunder of
the Saharawi people’s resources. In the meantime, we are very open
to build good relations with all those who are interested in our
resources. The exploitation of Western Sahara’s resources require
consent of the representatives of the people of the territory”,
Khadad stated.
See press release from Polisario the
organisation that initiated the court case, dated 23 February 2018
here.
The news was also welcomed by EU representatives, who highlight
the significance of the South African ruling on the eve of yet
another Western Sahara judgment by the EU Court of Justice,
expected next Tuesday. “I welcome this new legal victory for the
people of Western Sahara, this time thanks to the High Court in
South Africa. This is yet another dressing-down for the European
Commission, which persists to ignore the international right of the
Saharawis over their natural resources, by negotiating a trade deal
with Morocco without the consent of the Saharawi people. I urge the
EU officials in Brussels to wake up to the hard reality of
democratic societies: the rule of law matters”, said EU
Parliamentarian Florent Marcellesi of the Greens/EFA group.
The NM Cherry Blossom had stopped over in South Africa for
provisioning. It was during those few hours that the Saharawi
authorities managed to successfully obtain the detention of the
cargo. In June, the South African High Court declared the detention
to be lawful, and that a trial to determine the ownership of the
cargo was to take place. Two months later, in July 2017, OCP
decided to drop its defence in the legal proceedings.
To date, the NM Cherry Blossom is at anchor in Port Elizabeth,
coming at a high financial cost for the owners and operators of the
vessel. In June 2017, WSRW contacted all operating firms that had
been responsible for the shipment of Western Sahara phosphate in
2016. Read our report ‘Carriers of Conflict’ on the shipping
companies behind the controversial trade.
The New Zealand importer had never asked the Saharawi people for
permission to import from the occupied territory. Several
international and national courts, as well as the UN, is clear that
the people of Western Sahara need to give its consent. The importer
from New Zealand is said to have been present during the court
decision today.
The High Court of South Africa today confirmed that the owner of
the cargo of phosphate rock aboard the detained vessel, NM Cherry
Blossom, is the Saharawi Government, and not Morocco’s state-owned
phosphate company which was not entitled to sell the commodity.
Major victory for the Saharawis in an African Court.
On 1 May 2017, the bulk carrier NM Cherry Blossom was detained
at Port Elizabeth, South Africa. Aboard the vessel was 55,000
tonnes of phosphate rock from occupied Western Sahara, sold by the
Moroccan state-owned phosphate company OCP (and subsidiary
Phosboucraa) to a New Zealand based farmers’ cooperative; Ballance
Agri-Nutrients. The exiled Government of the Saharawi Republic in
combination with the Saharawi people’s organisation Polisario had
obtained the court order for the detention of the cargo.
After several steps in the legal process, the South
African High Court 23 February 2018 declared
that:
1. The Saharawi Arab Democratic Republic is the owner of the whole
cargo of phosphate presently laden on the motor vessel “NM Cherry
Blossom”; and
2. Ownership in the phosphate has never lawfully vested in OCP SA
or Phosphates de Boucraa SA, and they were, and are, not entitled
to sell the phosphate to Ballance Agri-Nutrients Limited.
Download the complete, official ruling
here.
“This is very good news for the people of Western Sahara. The
judgment is perfectly in line with the Court of Justice of the EU
and the legal opinion of the African Union”, Mhamed Khadad,
Polisario coordinator to the UN operation MINURSO told Western
Sahara Resource Watch.
“We hope that all those companies who participate in the plunder
of the resources of Western Sahara will understand the legal risk.
Polisario will use all legal tools to put an end to the plunder of
the Saharawi people’s resources. In the meantime, we are very open
to build good relations with all those who are interested in our
resources. The exploitation of Western Sahara’s resources require
consent of the representatives of the people of the territory”,
Khadad stated.
See press release from Polisario the
organisation that initiated the court case, dated 23 February 2018
here.
The news was also welcomed by EU representatives, who highlight
the significance of the South African ruling on the eve of yet
another Western Sahara judgment by the EU Court of Justice,
expected next Tuesday. “I welcome this new legal victory for the
people of Western Sahara, this time thanks to the High Court in
South Africa. This is yet another dressing-down for the European
Commission, which persists to ignore the international right of the
Saharawis over their natural resources, by negotiating a trade deal
with Morocco without the consent of the Saharawi people. I urge the
EU officials in Brussels to wake up to the hard reality of
democratic societies: the rule of law matters”, said EU
Parliamentarian Florent Marcellesi of the Greens/EFA group.
The NM Cherry Blossom had stopped over in South Africa for
provisioning. It was during those few hours that the Saharawi
authorities managed to successfully obtain the detention of the
cargo. In June, the South African High Court declared the detention
to be lawful, and that a trial to determine the ownership of the
cargo was to take place. Two months later, in July 2017, OCP
decided to drop its defence in the legal proceedings.
To date, the NM Cherry Blossom is at anchor in Port Elizabeth,
coming at a high financial cost for the owners and operators of the
vessel. In June 2017, WSRW contacted all operating firms that had
been responsible for the shipment of Western Sahara phosphate in
2016. Read our report ‘Carriers of Conflict’ on the shipping
companies behind the controversial trade.
The New Zealand importer had never asked the Saharawi people for
permission to import from the occupied territory. Several
international and national courts, as well as the UN, is clear that
the people of Western Sahara need to give its consent. The importer
from New Zealand is said to have been present during the court
decision today.
Read more https://nairalaw.com/sa-court-confirms-morocco-has-no-ownership-over-saharawi-phoshates/