By Mwaka Ndawa
ENVIRONMENTALIST Robert Chimambo has petitioned the state and Zambia Environmental Management Agency (ZEMA) in the Constitutional Court over their failure to stop Mwembeshi Resources limited to conduct mining activities at the Kangaluwi open pit mine in the lower Zambezi National park .
Chimambo wants the court to compel the Attorney General and the Zambia Environmental Management Agency (ZEMA) to withdraw the approval of the environmental impact statement dated May 7, 2021 as it violates the constitution.
He is seeking an order that freedom of environmental information is a constitutional right in Zambia and an order that the mining of copper in the lower Zambezi National Park abrogates the constitution.
In his petition, Chimambo said on May 7, 2021 ZEMA approved the environmental impact statement (EIS) for the proposed large scale mining in the lower Zambezi national park by Mwembeshi Resources limited without conducting public hearing.
He stated that ZEMA did not demand for a public hearing before approving the EIS and without considering the sensitivity of the area as it is a national park and the divergent and contrary views by the members of the public on proposed large scale mining in the Lower Zambezi national park.
“ZEMA’s failure to demand for public hearings before approving the environmental impact statement contravenes Articles 253(1)(i), 255(1)(m) and 257(d) of the Constitution,” Chimambo said.
“The approved EIS paves way for large scale mining in the lower Zambezi National Park, an act that violates the constitution. In accordance with Article 255(e) of the Constitution, there must be respect for the integrity of natural processes and ecological communities.”
Chimambo contends that open pit mining in the lower Zambezi national part would permanently destroy the landscape of the park and that the construction and widening of the road and the construction of the power lines in the park to facility mining activities will compromise the integrity of the park and affect its ecological value.
He is concerned that open pit mining will displace the wildlife from its natural habitat and will lead to human/animal conflict as the blasting of copper using explosives in the national park will disturb the wildlife and its ecological system including their hormonal releases.
Chimambo said ZEMA was written to in line with Article 255(m) for a compendium of information on the matter but it was tongue tied.
In 2019, the Lusaka High Court permitted Mwembeshi Resources Limited to go ahead with its large scale mining activities at the centre of the lower Zambezi National park.
High Court judge Charles Chanda dismissed an appeal challenging the decision of former Minister of Lands and Natural Resources Harry Kalaba to allow Mwembeshi Resources to produce copper within the national park.
He ruled that the appeal was incompetently before court as no record of appeal was filed.
Kalaba in overturning Zambia Environmental Management Agency’s decision to stop the mining activities at that time said the basis for his decision was that ordinary Zambians would benefit from the mine as they would be offered employment.
Vincent Zimba, suing as coordinator of the Zambia Community Based Natural Resource Management Forum, Morgan Katati, who had sued as chairperson of the Zambia Institute of Environmental Management Forum, Noah Zimba as chairperson of the Zambia Climate Change Network, Robert Chimambo, who sued as chairperson of the Chalimbana River Head Water Conservation, Green Living Movement chairperson Kasampa J. Tembo and David Ngwenyama were challenging Kalaba’s decision to allow Mwembeshi Resources Limited to carry out mining activities in the lower Zambezi national park.
” I find that the period from 2014 when the appeal was lodged to date amount to an inordinate and inexcusable delay of a failure to lodge a record of appeal. This appeal is hereby dismissed for want of prosecution and as a result the order staying the decision of the minister to allow Mwembeshi Resources to carry out large scale mining in the area concerned is hereby discharged forthwith,” said justice Chanda.