GOVERNMENT SUFFERS MAJOR DEFEAT IN COURT CASE ON HUNTING CONCESSIONS
The Lusaka High Court has quashed the decision of the Permanent Secretary in the Ministry of Tourism and Arts, Mr. Evans Muhanga to cancel the Safari Hunting Concessions in 19 hunting blocks in various game management areas.
In a 108 – paged Judgment delivered on Friday, High Court Judge S K Newa has also condemned Government to pay costs to the Applicants for the litigation.
In May 2022, Ministry of Tourism Permanent Secretary cancelled the process of Safari Hunting concession agreements that were fully negotiated in 2020 against the advice from Attorney-General Mulilo Kabesha.
The effect of the cancellation was that Government lost all revenue it could have generated for about a year when the purported cancellation of the concessions subsisted.
The High Court has issued an order to compel the Permanent Secretary Muhanga to sign or execute the Hunting Concession agreements with the Applicants.
The Government has also been prohibited from re-advertising the tender for the grant of the Safari Hunting/Photographic Tourism Concessions in the 19 Hunting Blocks in the various Game Management Areas.
Contrary to what Government had said, the Court found that the law and regulations governing the procurement of the tender for the granting of Safari Hunting/ Photographic Tourism concessions in the 19 Hunting Blocks in the various Game Management Areas were followed by the Applicants.
“The Applicants, having succeeded, they are awarded costs which shall be taxed in default of agreement,” stated the Court in closing.