Civil society organisations engage Ministry of Green Economy & Environment

The Honourable MinisterMinistry of Green Economy and Environment
Nationalist Road
P.O. Box Lusaka

Dear Sir,

REQUEST TO NULLIFY THE DECISION ON THE EIA FOR THE PROPOSED MINING ACTIVITIES IN THE LOWER ZAMBEZI NATIONAL PARK BY MWEMBESHI RESOURCES LIMITED 

We write to your office following the recent revelation that the Government of the Republic of Zambia has reconfirmed the authorisation for the undertaking of mining activities in the Lower Zambezi National Park. As citizens and Non-Governmental Organiszations with an interest in environmental protection of the Republic of Zambia, we have a duty to safeguard the environment as enshrined in under Section 5 of the Environmental Management Act No. 12 of 2011. Therefore, we wish to express our concern on the matter of the proposed mining activities in the Lower Zambezi National Park. 

Sir, we have followed the happening on the matter since 2012 and have remained steadfast respecting the EIA review process which included the Court Process and the rights of every stakeholder involved. Our expectation is that the decision made will be largely in the interest of the nation. 

First of all, we are aware that the process of acquisition of Mining Rights and the ZEMA EIA Approval underwent several protracted processes and steps of engaging with various stakeholders including ordinary citizens which resulted in the ZEMA Board and its technocrats rejecting the proposal. In the interest of safeguarding the public interest and the reasons which were advanced for rejecting the proposed mining activities, ZEMA Director General’s Office should have issued a Protection Order preventing further mineral exploration activities in the Lower Zambezi National Park as provided for under the Section 104 (1) (b) and (2) (i). 

The Act Provides that where the Director-General considers that is necessary to conserve, protect and enhance the environment and natural resources in an area, may serve a Protection Order on (b) any person who caused or permitted the activity. Protection order may require the person on whom it is served to (i) stop the activity that is resulting or is likely to result in, an adverse effect. 

However, we are informed that Mwembeshi Resources Limited continued to do exploration in the area in their quest to determine the mineralogy of the Lower Zambezi National Park. In addition, owing to the landscape being susceptible to significant erosion as per geological characteristics, the Agency should have recommended to the Minister in charge to issue by order of Gazette, as a landscapes at risk from environmental degradation as provided for under Section 75 (3) of the Environmental Management Act. The spatial extent covered by the Gazette should have gone beyond the heart of the National Park and extended to the outside peripheral, considering the impact of erosion could cover a large area extent and destroy ecosystems. Nonetheless, this information is available, you could still enact this as outlined under the Environmental Management Act to ensure that the Lower Zambezi Landscape is protected.

Sir, the second issue is that we are very concerned with the way the review process was undertaken by ZEMA on the re-registration of the same EIA under the Statutory Instrument No. 28 of 1997 of the Environmental Protection and Pollution Control Act by Mwembeshi Resources Limited in 2021. This was in form of submission of an Addendum after the first Decision fell off due to the elapsing of a three-year period of validity required to commence operations. We are aware that Mwembeshi Resources Limited submitted an Addendum to the Rejected EIA and not to an EIA where clarification was being sought by ZEMA during the review process. ZEMA then reviewed the Addendum and approved the Project 7th May 2021. Sir, we consider this as an underhand method, because Section 91 (1), (2) and (3) and Section 92 of the Environmental Management Act No. 12 of 2011 provides: 

(1) The public have the right to be informed of the intention of public authorities to make decisions affecting the environment and of available opportunities to participate in such decisions. 

(2) The public shall have the right to participate in decisions concerning the formulation of environmental policies, strategies, plans and programmes and to participate in the preparation of laws and regulations relating to the environment. 

(3) The Agency and the appropriate authorities shall establish mechanisms to collect and respond to public comments, concerns and questions relating to the environment including public debates and hearing. 

Furthermore, Section 92 of the Act provides for public review of documents being conducted in the prescribed manner. We wonder why the review of the Addendum did not take the prescribed method of conducting public consultations before a decision on such a sensitive project is made. ZEMA should have been transparent enough to advertise the Addendum in the media and call for comments on it. Sir, the review of the Initially Rejected Environmental Impact Statement by ZEMA together with an addendum that was submitted on 28th April 2021, was done within eight days as the approval was issued on 7th May, 2021. This indicates a fraudulent process that did not give room for publication of the new submission in the media and consulting all stakeholders. By not undertaking stakeholder engagements and disclosing information, ZEMA went against its own procedure which is a strong ground for nullification of the Decision Letter No. ZEMA/EIA/EIS/726. 

We are also aware that the initial risk assessment and review process (check minutes of the ZEMA EIA Approval Committee of July and August 2013) indicated the potential transboundary impact such as:
1.    Disturbance on the transboundary movements of wildlife between Lower Zambezi National Park and Mana Pool National Park in Zimbabwe. 
2.    Seismic impacts which may go beyond Zambia into Zimbabwe and Mozambique following the geological formation of the area which is an extension of the Great Rift Valley.
3.    Potential to increase sedimentation of the Zambezi River and pollution from tailing material resulting from processing which might affect water use in Mozambique. 

Sir, the above shows that ZEMA through the Ministry of Foreign Affairs needed to disclose and consult with Zimbabwean and Mozambican Governments during the EIA review process. However, we are disappointed that no such consultations were undertaken, an act that has potential to compromise our relationship with the two neighbouring countries.

Now going forward, we want to take note of your statement that the New Dawn Government will ensure that all commitments towards greening the economy are adhered to and will be done following the due process of the Law. The statement gives us hope as a citizenry and non-government organisations that the Government could stop the proposed mining in the National Park.  Riding on the same and with the above-mentioned arguments, we wish to request you to stop the proposed mining activities in the Lower Zambezi National Park by nullifying the Decision Letter under the Executive Powers of Government. Further, we wish to request you to put in place a Policy Guideline not to issue any further Mineral Exploration and Mining Licenses in ecologically sensitive areas such as Wetlands, Protected Forests and National Parks and to cancel the existing ones as a way of setting limitations on types of anthropogenic activities in or around the area.

Finally, we wish to insist that your decision on this matter will either instill or completely erode confidence in your Government on sound environmental management and sustainable development. 
I therefore, submit for your consideration.

Yours faithfully,

Coalition of Zambian Citizens & NGOs (See list in link below)

Cc: The Director – Zambia Environmental Management Agency

For more information about the letter to the Ministry and the list of endorsing civil society organisations and citizens please read the letter here