THE Lusaka high court has upheld the stay of execution granted to six environmental organisations against Government’s decision to allow the opening of a mining project in the lower Zambezi national park.
This means that the Kangaluwi mining project would not commence until the final determination of the appeal to the court by the organizations.
The organisations are challenging the Government’s decision on grounds that it was wrong in law and fact because it posed a danger on many people’s lives.
Judge Mubanga Kondolo said in upholding the decision yesterday that the damage to the environment that the project would cause was a matter of public concern and interest which affects all people born and unborn.
Mr Justice Kondolo said that if he lifted the stay of execution which was granted to the organisations on February 18, 2014, their appeal against the ministry of Mines, to allow the commencement of large scale mining in the national park would become nugatory and rendered academic.
He said that it would be rendered a mere academic exercise because the project entailed large scale mining which might seriously deface or otherwise affect the environment.
Mr Justice Kondolo said there was no need for the organisations to specify or prove exactly how they were affected by the project as was argued by attorney general Mumba Malila because the consequences of damage could affect anyone.
“I shall not pronounce myself on the rest of the arguments of the parties save to state that a damage to the environment is a matter of public concern and interest which affects all people born and unborn.
For this reason I find that the appellants do not need to specify or prove exactly how they are affected by the subject project” Mr Justice Kondolo said
Mr Justice Kondolo further said that the stay of execution granted against the minister’s decision would not amount to an injunction against the State because it was not civil proceedings as contemplated by section 16 (2) of the State Proceedings Act.
Mr Malila had in his request to have the stay of execution lifted submitted to the court that the stay was incompetent because it offended section 16 (2) of the State Proceedings Act .
He said none of the six live within the Lower Zambezi National park and did not show to the court how they would be affected or the nature of injury that they would suffer.
But the organisations had urged the court to confirm the stay saying they would suffer loss that could not be atoned for in damages because environmental degradation affected everybody and that no amount of compensation could atone for the extinction of animals, pollution and others.
I thank the decision by the court.As Environmentalist, i was 100% annoyed by the decision by Hon.Kalaba over his selfishness.
Let us learn what is happening in North Western province where we have three(3) mining giants but just at solwezi bus station people are using portable toilets and nothing people can not be proud of.
We are just making foreign rich at the expense of Zambia.
Abashi to this project.
@Sudan, everything you wrote was good, then you just spoils everything by smearing over with mucus of “Abashi to this project”.
While the Minister of finance said there is so much fraud in mining, we still have ZCCM-IH in place. why can we allow ZCCM-IH to start running some of these mines so that we can maximize on retains?
It can be a complete new mine not necessarily one of the already existing mines
we must find a way to maximize on benefits from our natural resources
I totally agree with you my brother. We have so many mines in this country but we getting totally nothing out of them. Three mines in NorthWestern provinces but look at the infrastruture there? Nothing to be proud of. Therefore, let us not destroy our beautiful and God given lower Zambezi national park for nothing. More over the price of copper is still not impressive and we can get far much better revenue from tourism which is more long term if managed properly. Unfortunately, all our political and traditional leaders in this country never learn. No wonder HH again is also surrounded with well known criminals such as William “Tekere” Banda as his political and technical advisors, imagine???
@Gen and Chankalle
You speak as if you have credible Govts that will administer resources prudently. If ZCCM-HI still exists and prepresents “our” interests as Zambians how are these foreign owned mines managing to reap us off so bad if we are to believe what Govt says? And let’s look at ZCCM and how they run down the very mines before we gave them away to the foreigners that we are now complaining about. Can I add that it is Govt who is responsible for infrastructure anywhere in Zambia and we should not be looking at foreigners to take over Govts responsibility. How Govt collects our interests from the mines is another to us to discuss with our elected members…then again they are “useless”…
The strong must protect the poor defenseless. It is as if this is not a govt of the people. Ready to sell its own to the highest bigger. Its african complicity in the slave trade all over again
This is good for Zambia. The minister of finance was complaining of fraud in mines so no need to destroy our national heritage by allowing the “fraudsters” to mine in our precious park. Long live Zambia
Sanity at last! Well done Judge Kondolo for standing firm. Times have changed; Zambians will not allow the destruction of their heritage, and are doing something about it. You have won this battle, but the campaign against the plunderers and their political beneficiaries must continue, gathering strength by the day. Most miners pay no tax, destroy the environment, impoverish and poison villagers, using free and gratis the savings of Nature’s Bank – forests, water, virgin soil, wildlife… – and after fifteen or so years depart to other fields of plunder, leaving many Hiroshima’s in the land of the living ancestors in their wake.
The arguments advanced by the Attorney General don’t make any sense at all. It is like a small kid talking. Is this guy of a sound mind, I wonder!!!
I agree (…and can’t figure why someone would have voted you down).
Attorney General, Mumba Malila argued that none of the “six [appellants] live within the Lower Zambezi National park and did not show to the court how they would be affected or the nature of injury that they would suffer.”
Clearly, that’s nonsense – Lower Zambezi is a NATIONAL PARK. Hello…. NATIONAL!
Shame that Malila is so happy (and well fed?) that he is proud to argue on behalf of Mr. Sata’s Government that no one in Zambia should be allowed to stand up against a foreign mining company except poor villagers living next to the project. How “patriotic” is that….. useless is far more like it!
The strong must protect the poor defenseless. It is as if this is not a govt of the people. Ready to sell its own to the highest bigger. Its african complicity in the slave trade all over again
This is good news….sense at last!!
The battle is not yet over. We need to unite more Zambians to rise up against this govt and mine. In Australia, the voice of the people would be respected by the courts. Let us not destroy our country. We can get more more from tourism for ages if we organise it well than this mine which has a life span and is going to destroy our environment.
So just because the six appellants do not reside in the Lower Zambezi, it doesn’t matter if the voiceless creation that reside there are destroyed by the pollution and and environmental degradation caused by the mine? Unbelievable that came from Malila. This is a typical example of what politics do to learned minds in Zambia, they cease to reasonand are turned into egomaniac narcisists whose interest is just their belly and that of their master regardless.
Zambia needs more Judges like Kondolo who are able to stand for the truth even when it means bruising the ego of those in power. This is a step ahead and we can only pray that all will end well for the good of Zambia and not individuals.
the fight continues, we can never afford to close our eyes with these corrupt, tribal and useless leaders at the helm. This land should remain untouched for the future generation considering that we have useless MPs and party who cannot see beyond the day’s needs for decision making.
JB Priestly in the 1930’s described the COAL MINES in the UK as a ‘DIRTY TRICK’.
He saw defaced landscape with abject poverty in those areas and no benefit accrued to the local communities.
The situation in SOLWEZI is sickening to say the least.
And most of you probably don’t know that those mines have a lifespan of 15 years or less and to compound matters, the miners working in these mines will probably have nothing to show for their time in mining as they are on contracts.
The opposition are mostly being sponsored to let the status quo continue and you can figure out why the KWACHA is being attacked so as to derail government.
Understand issues at play.
It’s our future.
Attorney General arguing like a 2-year-old child.
So what happens to the “ncekeleko fee” the mining company paid to those corrupt ministers?
National parks and GMAs must be protected as a future safety net. Any activities such as mining or not related to tourism/forest products/conservation must not be allowed by law. While everywhere in the world good governments and populations are trying to maintain and save habitats that have few natural flora and fauna compared to us, the uneducated and shortsighted cannot see the woods through the trees…literally. Tourism, forest products and conservation are there for us to develop. Mining needs stream lining and needs strategic forward planning as opposed to these ideas where if you have a shovel then it ok to dig anywhere.
As for this AG. What about the voiceless villagers, the tourism already in the area, the hundreds of thousands of people downstream in three different countries, the ecology and the environment. Seriously…this person makes serious decisions. ..what an absolute id#*@t!!
EXCELLENT, KA KALABA AMANO UKUCEPA KWATI NI KA MUSUKWA?
Good news for our country
Please, Lusaka Times. I OWN the copyright to the photograph at the top of this page. I took it. I have no problem with you using it, but for copyright purposes you HAVE to publish my byline and the copyright symbol. I am a supporter of this website and of ts particular issue (I am against the mine) and am a working journalist. I have repeatedly asked you via your email link to do this and you have ignored me. Please do not force me to take legal action against you. JUST PUT THE BYLINE ON THE IMAGE. Thank you. Sharon van Wyk, Painted Earth Productions, Pretoria, South Africa.
This is really good news for the nation. We are blessed this sure land and selfish people want to destroy the land. We have so many mines on the copper belt but what development is being done in those towns. Some selfish people want to benefit at the expense of the nation.