Transparency International Zambia (TI-Z) has keenly followed the recent discourse that
has emerged relating to mining in the Lower Zambezi National Park. TI-Z would like to
reiterate, and stands in solidarity with conservationists, civil society, host communities
and citizens who have expressed concerns over the proposed mining project and called
for no mining in the Lower Zambezi National Park.
Considering the decision by the Zambia Environmental Management Agency (ZEMA) to
halt and suspend mining operations by serving the mining company with a compliance
order, TI-Z notes that the decision mostly pertains to breach in compliance and
procedures, and thus is not tantamount to a revocation or cancellation of the mining
license. This can only be issued by the Ministry of Mines and Mineral Development.
According to the Mines and Minerals Development Act No. 11 0f 2015, “…the Director of
Mines Safety or Director of Mines may direct a holder of a mining right or mineral
processing license to suspend or curtail production or close the mine or a section of the
mine…” for reasons cited in the Act. Thus, ZEMA’s compliance order is specifically
because of the mine’s non-adherence to environmental stipulations and provisions in the
decision letter issued by ZEMA as conditions for the mine to commence operations.
The decision by ZEMA points to the fact that the proposed mining has already, before
barely breaking ground, been found in violation of ZEMA’s decision letter and
environmental regulations, including non-submission to ZEMA of the mine’s
‘Environmental Restoration Plan’. It is disconcerting for a mining project that is supposed
to be operating in an ecologically and environmentally sensitive area to be in breach and
violation of some conditions for its operation as evidenced by ZEMA’s own inspections
and legal reviews.
Notwithstanding, TI-Z notes that the contestation of mining in Lower Zambezi stems from
the manner in which the government issued the mining license and accompanying
permits for the mining project. The way this was done cast the mining project with mistrust
and in a bad light. TI-Z thus echoes the calls for the cancellation and cessation of the
mining project in Lower Zambezi.
In summary, our view on the manner the license was issued is as following:
- The mining project was granted a large-scale mining license in 2011, ZEMA initially
rejected the mining project’s Environmental Impact Statement (EIS) in 2012, citing
several valid concerns and ultimately state that the mine would “destroy the
landscape of the park”. However, the company appealed this decision and ZEMA’s
Board decision was overturned by the then Minister of Lands, Natural Resources
and Environmental Protection in 2014. The then Minister’s decision to overturn the
decision of technocrats signifies lacunae in a number of laws in the country
whereby a Minister, a de facto politician, can overturn decisions of technocrats.
The then Minister’s decision also sparked speculation relating to political and
business interests. This decision was later contested in court by environmentalists
and conservationists and has been unsuccessful thus far. - Based on the mining company’s submission of an addendum to the Environmental
Impact Statement (EIS) submitted to ZEMA on April 28, 2021, the mining project’s
EIS was approved on 7 May 2021, barely seven working days after the company
had submitted said addendum to mining in an ecological and environmentally
sensitive area. This process curtailed mechanisms of transparency, accountability
and participation which are espoused in undertaking comprehensive
Environmental Impact Assessment in accordance with the Environmental - Management Act No.12 of 2011 and the EIA Regulations, Statutory Instrument No.
- 28 of 1997 – especially for a project of such sensitivity and contention.
- Further, based on records of the company held with the Patents and Company
Registration Agency (PACRA); whilst the company has stated its shareholders,
directors and affiliated business entities, the company has not disclosed beneficial
ownership information. Thus, it is not possible to discern who the real owners and
who ultimately will benefit from this mining project – making accountability
challenging until the real owners (beneficial owners) are disclosed.
The aforementioned highlights just some of the key issues that taint the processes,
procedures and developments pertaining to the mining project in Lower Zambezi National
Park. It is TI-Z’s position that the entirety of the process has lacked transparency and
integrity, and hindered accountability mechanisms for those who have expressed
concerns about mining in the national park.
Considering that it is apparent that the process was not transparent, TI-Z, in affirmation
and solidarity with conservationists, environmental defenders, communities, and civil
society, calls for a complete halt of the mining project in the Lower Zambezi National Park.
We further urge the government to enforce regulations that will ensure protection and
aversion of mining in ecologically and environmentally sensitive areas in Zambia, which
would be in line with the administration’s aspiration to espouse a green economy.
Maurice. K. Nyambe (Mr.)
EXECUTIVE DIRECTOR
