Green Party President Peter Sinkamba says no mining will take place in the Lower Zambezi National Park regardless the High Court decision on account that the environmental impact assessment authorization granted by Harry Kalaba in January 2014 is no longer legally valid and therefore cannot be used as the basis to commence mining in the park.
Reacting to last week decision by Lusaka High Court to throw out a petition by concerned citizens, the Green Party leader says all environmental impact assessment authorizations have a time limit in which operations should commence from date of grant of such permission. He says that failure to commence operations within three years renders the authorization invalid on grounds of lapse of time.
“We in the environmental sector respect time. In this case, authorization was granted by Honorable Harry Kalaba in January 2014. This is October 2019 which is more than 5 years from the time the authorization was granted.
“Now, Regulation 30 of the Environmental Impact Assessment Regulations, Statutory Instrument No. 28 of 1997 provides that if, following the preparation of a project brief or environmental impact assessment, an authorization licence, permit or permission has been issued but no land preparation or construction work has started within 3 years, then the developer must re-register with the authorizing agency any intention to develop. The 3 year statutory period lapsed for Zambezi Resources in January 2017,” Mr. Sinkamba said.
“So, by virtue of Regulation 30, Zambezi Resources, or whatever name the company is now called, should go back to the Director of Mines Safety at the Ministry of Mines to re-submit its intention to mine in Lower Zambezi National Park. This application must be accompanied with a current environmental impact assessment report for review by the Mines Safety Department. Thereafter, the resubmitted EIA report will once again be forward to the Zambia Environmental Management Authority for further review and decision.
“If both Mines Safety Department and Zambia Environmental approve the re-submitted environmental impact assessment report, only then can mining commence. If either or both authorities reject the report, then no mining will take place. So this is the first level of checkmate. Also, both MSD and ZEMA have a second chance to redeem themselves as credible institutions worth entrusting to responsibly manage the national heritage,” Mr. Sinkamba added.
Meanwhile, Mr. Sinkamba has said that the Green Party will petition the Constitutional Court on the constitutionality of mining in ecologically sensitive areas such as the Lower Zambezi National Park.
“Whilst Zambezi Resources will be busy resubmitting its environmental impact assessment reports to MSD and ZEMA in line with Regulation 30 of SI 28 of 1997, we the Greens will also petition the constitutionality of mining in ecologically sensitive areas such as the Lower Zambezi National Park.
“Article 255 of the Constitution of Zambia Amendment 2016 provides principles of environmental and natural resources management and development. In particular, sub-Article 255(d) imposes a duty on all of us to ensure that the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner.
“As the Greens, we do not think that mining in Lower Zambezi National Park, which an ecologically sensitive area which hosts sensitive habitats, species and other environmental resources. We think that there is a better way to manage such areas other than through mining. So we want the Constitutional Court to pronounce itself on this grave matter before mining commences. In short, we will obtain an injunction to restrain mining in game parks, including Lower Zambezi National Park until the Constitutional Court decides our petition. This is the Green Party checkmate on the matter. We are in Concourt as early as next week,” Mr. Sinkamba added.
Hmmmm…kaya mwandi ngati tuzafika pati na Zambia yatu iyi…
Sinkamba is so clear and simple to understand. Unfortunately the case was thrown out from a LUSAKA High Court. And SInkamba want to take case to a Concourt in LUSAKA??
Lusaka??? That is Lucifer’s headquarters, no one who is not part of PF can win a case in Lusaka.
Sinkamba stay in Kitwe, use Kitwe or Ndola High Courts, there are Zambian courts, not Lusaka please.
It’s not a constitutional issue so any appeal is to the Court of Appeal and later the Supreme Court, not the Constitutional Court.
What is set to be mined there?
Gemstones or Copper or Oil or Gold or platinum?
@Nemwine:The question to be answered by Concourt is whether or not mining in ecologically sensitive areas like Lower Zambezi National Park is consistent with Article 255 of the Constitution Amendment 2016. The question is as simple as that.
Has the constitution defined wht an ecologically sensitive area is? In fact all areas are ecologically sensitive as mining significantly alters the existing environment through air, ground and water pollution, clearing of overburden, cutting dwn flora and goodness knows what else. Going by this, all mining should be banned. If God had intended that minerals be mined, a non-polluting way to mine would hv been in the Bible.
Lets make sure the land is not destroyed.
WHATA LOAD OF NOISE !!
IN CHINA, AND IN THE USA UNDER TRUMP, SUCH NICETIES AS ECOLOGICAL SENSITIVENESS ARE REGARDED AS LUXURIES THEY CANNOT AFFORD.
WE FORGET THAT IF SUCH CONSIDERATIONS HAD COME INTO PLAY DURING THE CONSTRUCTION OF KARIBA DAM LOAD SHEDDING WOULD HAVE STARTED IN THE 1960s.
WAKE UP ZAMBIA !!!
Way to go Sinkamba.
No mining should be allowed in game parks.
Zambezi Resources kuya bebele.
We expect our able judges will rise above statues and use moral interest because the negative effects of disturbing the ecology will not recognise the wigs and their big books. The country is grappling with climate effects because of hiding in the laws.
Very true. The miners still have to go through ZEMA again. Go forward with the Constitutional Court petition, Peter-you are doing a good job.
Zambian Citizen:There’s no constitutional question to be determined here. I’m surprised that someone like you doesn’t seem to know. Uninformed punditry has been raised to a status it doesn’t merit. Even Peter Sinkamba, a wanna-be president doesn’t seem to know. It’s a matter of case law and relevant acts of parliament at issue here.
Ahhh… This is good. Thank you Nemwine. No insults or useless attacks, just facts and ideas. That’s what this fora is about. Well done my man. That’s a 100 likes from me for your positive attitude.
While u are still @ it , please sign the Avazz petition as I hv. Talk is cheap. I hv already taken action to save lower Zambezi from those who think 30,000 pieces of silver is a fair reward for a lifetime loss of priceless flora and fauna.
Kudos Mr Sinkamba for standing up for rule of law including the Zambian high court itself.
Very well spoken Mr. Sinkamba, stating facts in line with what the law cites. Beyond that, as you explained, it is an ecologically sensitive area and has implications well beyond Zambia’s borders and further more, ecotourism is green, renewable and sustainable, there to benefit future generations. Regretfully we have Boneheads who don’t seem to understand what ‘renewable and sustainable’ means. Interested only in their own bellies and then some cadres want to bring racism to the party, talking about foreigners owning the lodges. My advice to those making such statements is, get off your ‘back s..de’ and go build a lodge, contribute towards creating employment and Zambia’s GDP, instead of making foolish and divisive statements.
Can Harry Kalaba who granted this licence as then mines minister and currently criss crossing the country please comment on this matter. Does he still stand by his actions as a potential leader after the next coming General elections? The entire Copperbelt, Kabwe and North Western province have poisoned water systems with unexplained rise in cancer cases and you still want to add salt to injury by opening new mines near protected places. Shame.
I support Mr Sinkamba’s stance. Look around the world where citizens are now pouring out onto the street when both the political and the judicial processes evidently look or act flawed or corrupt. Bane fellow Zedians, let’s not test our population to that extent. Let’s for once begin to listen to the groundswell. Whoever “ate” from Zambezi Resources should just return the bribe and tell them “solé William!”
This is what we expect from an opposition party, you have raised good points Mr.Sinkamba and for this one we are behind you. Please go ahead with your plans, just go to the court tomorrow Monday, don’t even waste time. If there’s any minister who has gotten the kick backs azahokela. Go go Peter.
You are busy celebrating independence and yet your country is owned and run by foreigners due to the greed and incompetence of those that claim to be your leaders. What a shame. At least I am here in UK living a very free and independent life where I can criticize the ruling party the conservatives and they take it as positive criticism. I would rather lick my whlte wlfes feet every day than live under lungus rule
Kalaba! what goes round comes round. The decision you collectively made as cabinet has come back to haunt you alone as Kalaba. When you are in cabinet choose to do the right thing, you will see how the 42 fire engines will boomerang on Kanpyongo’s face.
NEXT IT WILL BE THE OWNERSHIP OF 48 OR 51 ELUSIVE FLATS TO BOOMERANG.
I love Sinkamba and his Style of checks and balances.Always objective and his in-depth analysis is always food for thought. Bwana Sinkamba,as a green advocate,I encourage you to seek the Concourt’s intervention. Our environment is at stake and we will be failing lamentably in our duties to protect and conserve all ecologically sensitive areas as imposed on us, as citizens of the republic of Zambia in Article 255 of the amended constitution.
Let’s all support Sinkamba on this one…
No need for a petition, I believe zema will do it’s proud job once again of protecting the environment,
Some people back in 2014 took advantage of the situation that our beloved President by then was in,
This time the decision of zema will be respected
twisted thinking! how did you expect them to implement a petitioned project? the approval to have expired? this mine will not be located in Lower Zambezi National Park. but its proximity to LZNP? the area is devoid of animal life. it will be more beneficial to the national than the park which only serves for those white muzungus of lower Zambezi conservation. when did you last go to park and stay there. look at what is at stake? this is US$240million if not billion investment.
by loudly declaring No mining; when the court has ruled. that’s contempt!!!!!!!!!!!
Yaks. The Lower Zambezi National Park is Zambia’s third biggest contributor to the tourism economy after the Victoria Falls and The South Luangwa National Park. Tourism is the second biggest economic driver in Zambia and has been identified as potentially Zambia’s No 1 contributor to GDP if it is done in a sustainable and responsible manner. Currently, tourism in the Lower Zambezi employs around 800 local people, mostly from the Chiawa community. Each of those people supports up to 12 family members. That’s 9600 local people who are depending on tourism to keep bread on the table and call time in their cellphones. Far from being devoid of animal life, the Lower Zambezi National Park and its GMAs are one of the most biodiverse areas of Zambia with several endangered, CITES red listed…
Where is my post LT? Are you akaonde’s minions too?
Akainde’s connections to the mining company is so obvious that he has remained mute on the matter. This man can sell the country over few pieces of silver.
It is your lungu long fingers who is president of Zambia and should be commenting…..but as usual the corrupt thief smells looting and remains silent hoping the mine will go ahead….
This cowardly behavior must stop in Zambia. How can an investor have such power to the extent that they would want to establish a mine in an area we have reserved for wildlife and we the zambians remain quiet. The courts have failed us, the government has failed us, the electoral commission has failed so what is simply left is us the people to take it up upon ourselves and restore sanity in Zambia. No fool should be allowed to mine in the national park and no fool should build houses in designated forest. Our first responsibility or duty as zambians should
be to safeguard this country from enemies within and those from foreign countries. Tell that useless investor to take his money elsewhere because we are not stupid in Zambia to allow national parks being destroyed in an effort to put…
Continued: to put a perishable investment such as mining. The western worlds can to leave us with huge and disastrous holes as well as toxic substances to enrich their countries. Let people bring investment in energy generation, healthcare, technology and agriculture not mining because what have we achieved from those currently running and closing down.
The high court judge who issued this order to mine in game is evil and very unpatriotic. He is wise than those that decisions on forest 27. If it is true that HH benefitted US$14 million from this deal, then the country should reject his
candidacy for 2021.
Here are my blogs on the Zambezi – written a few years ago. They give some background: The plunders will not go away.
lowerzambezinationalparkATblogspotDOTcom
Friday, May 31, 2013
UNWTO Mischief at Vic Falls and the plundered Zambezi
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The reason for the UN World Tourism Organisation and the Patriotic Front duo agreeing to hold the UNWTO general assembly at Victoria Falls is obvious. Mugabe wants pariah redemption; Sata, a chance to do some more praise singing, perhaps a 21 gun-salute for his friend; the UN body with its 154 mostly small member states (39 UN member countries are not members of UNTWO) obviously wish to bolster Mugabe’s image – along with the UN Human Rights Commissioner Pillay who wants the sanctions against him dropped.
The United Nations has…
Wow glad to see this racist is still alive and can’t claim to have been killed by communist black hordes at least
Well spoken Mr President, you have my vote come 2021!