By Oliver Chisenga
ENOCH Kavindele should with all due respect not be economical with truth by issuing unresearched and misleading statements on the controversial Lusaka East Local Forest Reserve No.27 that are meant to sway government on its plans to demolish all illegal structures in the area in the public interest, says William Harrington.
Reacting to Kavindele’s statement that the government will pay heavily if it sends bulldozers to raze structures in Forest 27 before consulting widely, Harrington said it must be made abundantly clear that the court case in the matter of the Zambia Air Force (ZAF) Kingsland Project being referred to is a different issue.
Harrington, a former environment minister, said the issue has nothing to do with the 1,100 hectares section where plots have been allocated to senior Patriotic Front government officials and politically exposed persons.
He said in its decision letter, the Zambia Environment Management Agency (ZEMA) ordered that no soak-away should be constructed to prevent contamination of the water system from poisonous and hazardous household chemicals and human faecal matter.
“So as concerned environmentalists who care for the health, welfare and livelihood of the people, we urge our new dawn United Party for National Development government not to bow to threats from any selfish and insensitive quarters that it will compensate heavily for impending demolition exercise,” Harrington said.
He urged the government to stand firm in upholding the law without fear or favour with regards to the illegalities surrounding the degazzetion of FR27 to safeguard the health, safety and well-being of present and future generations who depend on the area as a water source.
“And with all due respect, it is totally unfortunate and regrettable for anyone to threaten local government and rural development minister Gary Nkombo for declaring that all structures in FR27 will be demolished because he is merely exercising his mandate in applying the law on encroachment of forest reserves such as FR27 which falls under the jurisdiction of the Lusaka City Council under his ministry,” he said.
Harrington noted that “sadly”, developers ignored warnings issued by the minister and his counterpart at lands several months ago “but arrogantly and with impunity” went ahead with their constructions.
“Those citizens now expressing interest in the matter of FR27 and issuing threats against the State may wish to be reminded, once again, that in 1994 when I was privileged to serve as minister of environment and natural resources, the late president Frederick Chiluba (MHSRP) signed Statutory Number 161 to regazette FR27 following a petition by over 2,500 concerned citizens demanding that the area reverts to its original 1957 status as a protected forest reserve,” Harrington said.
He said Kavindele, a former republican vice-president, was fully aware that SI161 effectively cancelled all title issued in FR27.
“And, if my memory serves me correctly, one Father Dil of the Anglican Diocese and the former vice-president himself were affected. Father Dil was subsequently only allocated an alternative plot somewhere in Makeni area but received no financial compensation whatsoever. Concerned citizens may wish to note that Section 10 Part III of the forest Act, under Forest Management and Development states that the President may by Statutory Instrument declare any area of land within the Republic to be a national forest,” Harrington said.
He noted that Section 11 states that the President may, on the recommendation of the minister compel, acquire under the lands Act any land for the purpose of a national forest as may be necessary in the public interest.
Harrington further noted that Section 12 provides that subject to other provisions of the Act, “all land comprised in a National Forest shall be (a) the security of forest resources of national importance (b) the conservation of ecosystems and biological diversity (c) improve resource management, sustainable utilisation of forest resources, and (d) the management of major water catchment and headwaters subject to the water movement Act, 2011.
“Similar provisions apply in the case of local forests under Sections 17, 18, and 19 of the Act. It is clear that the Act does not make any provision for compensation by the State for any developments that are demolished in a local or national forest as in the case of FR27. The State would therefore be on firm ground to order the demolition of structures in FR27 in the public and national interest without any compensation,” he argued. “In fact, developers would have no basis to demand compensation because they were advised in good time by the State not to proceed with their constructions.”
Harrington said it is also incorrect for anyone to state that the FR27 residential developments are legal, arguing that on the contrary the whole housing project was “pregnant with illegality” in that procedures were not followed by the former lands minister and developers.
“For example, the Zambia environmental management Act, the water resources management Act, the forest Act, the regional and country planning Act, land use change from forest reserve to residential, and the public health Act were all not complied with,” he said. “They were ignored as developers were in a desperate hurry to beat the August 12, 2021 elections but it has now backfired on them.”
Harrington said it is also immoral and insensitive for anyone to talk about compensation without considering the plight of innocent citizens who are demanding their constitutional right to safe and clean water which would be denied to them by the residential housing project in their water source.