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Injunction against Mining in Lower Zambezi successfully lodged at the High Court

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03 February 2014
Lusaka, Zambia

MEDIA STATEMENT

Injunction against Zambian government approval of mining licence to Australian company in national park

The Lusaka-based Community Based Natural Resource Management (CBNRM) Forum successfully lodged an injunction with Zambia’s High Court on Friday, following the government’s overturning of an earlier decision to reject a Large Scale Mining Licence for Zambezi Resources’ copper project in the Lower Zambezi National Park.

The Australian mining and exploration company was originally granted a licence for its Kangaluwi copper project by the Zambian government in March 2011 on condition of approval of an Environmental Impact Statement (EIS). This was lodged with the Zambia Environmental Management Agency (ZEMA) in March 2012 but was later rejected in September 2012.

On 17 January this year, a subsequent appeal lodged by Zambezi Resources was confirmed as successful by the Minister of Lands, National Resources and Environmental Protection, the Hon Harry Kalaba. He advised that there are adequate cost effective measures and technologies available to address all potential impacts and that wildlife management in the area would be enhanced and conserved as a result of the mine.

This claim has been refuted by the CBNRM Forum, which is supported by ActionAid Zambia to engage with communities and government on the issue. The forum believes that the Environmental Management Act of 2011 – which should facilitate protection and conservation of the environment – is not being respected, and that the government does not have the capacity to monitor companies involved in extractive industries to ensure that they are abiding by the terms and conditions of their licence.

47 COMMENTS

  1. Wheels have already been set in motion. Nothing can be done to stop them. The government officials have already got their commissions. Next protests please

    • Debo this is defeatist nonsense. You might as well cast your vote in 2016 and await the trashing of it and the manifesto which you supported – again. Change only comes through perseverance and a clear idea of the issues, and standing together. Both African and Christian religions revere nature and require its stewardship. There can be no compromise on this. Politicians were elected to follow the law and be guided by the people who voted them in. The PF government have forgotten what their mandate was. The arrest of the demonstraters at the Pamodzi showed the arrogance of the PF who – like UNIP and the MMD before them, brook no opposition to the filling of pockets or of them exerting selfish power. Rights and freedoms have to be fought for over and over again.

    • @ Debo: And u call yr thinkng progressive! Thats why u re owez taken for a ride. Tell me wat your comment wud be in an event the injunction wins. Us real Zambians we never give up. Be patriotic and learn 2 live for wat is gud and yours.

    • Examiner, you think the injunction will win?? Sata has got you Zambians by the balls with an iron grip. The only way this injunction will go through is if Zambia rids it’s self of these corrupt baboons but I am sorry to say but 2016 will be the same due to the dull nature of the majority of Zambians. Just look at Sata’s facebook page and read some of the posts praising him thinking it is him they are communicating with.

    • Perhaps the question we should all be asking on this matter is – What is ZEMA’s position on this issue at the moment, have they been convinced that Zambezi Resources will do what is required.? If they ( Zambezi Resources ) have a valid licence now how did they acquire it.? One thing is certain – ZEMA might have given them a go ahead…Why is ZEMA not coming forward on this issue so that we can all have answers and move on.?

    • Thank You Petitioners.

      Dear Zambians at home, show up enmass to support petition. Testify against the ills of such a set up and its effects on the community. You have the failed cases of polluted Kabwe and other mining towns. You also have the wildlife act to support this cause. Abash to contaminating our water resources.

  2. Am actually surprised at the defeaning silence on this issue from public media like Times of Zambia, Daily Mail and ZNBC. I think this is a noble cause worth supporting by public media or at least asking for answers from politicains whom they have access to. I thought Chibamba Kanyama would naturally support the coverage of this noble cause. Is he also scared of the Government that overtuned a ZEMA decision? Looks like this fight has only been left to Online media and I must say they have done a splend job in keeping this issue alive while government tries hard to make sure it dies without gaining any traction

    • Are you sure you are reading the correct public media/newspapers? Because I have seen/read this very story in the very media you have singled out. Including your nemesis, The Post!

    • I have also seen the issue discussed in the newspapers but would have loved to see greater coverage by MUVI TV and ZNBC in terms of discussion programmes on the matter.
      I fully support this court action as this decision hurt me deeply- where can I send my K5.00 contribution for the lawyers fees?

    • As usual trying to be negative, all those papers you have singled out have published the new in question, unless you want them to do that everyday?

    • Kalaba was instructed by Sata on this. But, knowing he is not going to run in 2016 he is not as careful and shrewd as he would normally be. As Harrington has pointed out, the executive disregarded ZEMA’s decision and then colluded with the Oz miners to produce a ‘suitable’ EIA, which was not presented to the public or to ZEMA again. This is ‘Big Man’ decision making, following the money and not the principle.

  3. Lets all unite on this issue and prove ourselves that the era of horse and carrots mode of governing us has to come to an end.we have the right to determine our own destiny .let’s fight this tooth and nail.Bravo to those who championed the partition.

    • wow look at Kabwe Town and Mufulira Town that is what mining can do. These towns are health hazards to its residents especially children!

    • In the middle of a National Park!? You got to be joking my man!

      It is this mentality of short term gains that have helped destroy our environment and planet. The Cicil Rhodes of this world had the same mentality—Africa was only good for what is under its soil. If wild animals stand in the way, kill them and ship their ivory, horns and skins; if people stand in the way, bribe them and turn them against each other; if forests stand in the way, cut them down and ship the timber; if rivers stand in the way, pollute them!

      “Cost benefit analysis” my @ss! Most of these foreign mining companies could care less what the long term consequences of what they do to the environment in Africa/Zambia are for as long as they make a quick buck in the short term. Unfortunately, enablers abound!

    • ati, cost benefit analysis. You are PF you *****t. Look at the above mentioned towns and revisit your cost benefit analysis.

  4. Indeed Goverment ia a big elephant and we are just grasshoppers.No matter wat you say they will never listen.tired of politicians…..

  5. I really don’t understand what as gone wrong with this government, surely have they all gone blind suddenly to an extent of failing to distinguish between what is good and bad ?may the Lord quickly come back.

  6. In August 2012, Tanzania received UN approval for Australia-based miner Mantra Resources to develop its Mkuju River uranium project, a $400m uranium mine in a world heritage game reserve despite pressure from environmental groups opposed to the project. The UNESCO World Heritage Committee accepted Tanzania’s request to make changes to the territory of the Selous Game Reserve to pave way for uranium mining. Kangaluwi can also be safely and environmentally correctly developed. Precautions: 1. Extra care to secure tailings; 2. DO NOT ALLOW PERMANENT RESIDENCES IN THE PARK. BOTH LOCAL AND EXPAT MINERS MUST LIVE IN A MINING SITE CAMP WHICH MAY LATER BE SURRENDERED TO LOCAL COMMUNITY FOR TOURISM PURPOSES AT THE END OF LIFE OF MINE. The local community (the Kunda people of Luangwa) also need…

    • Tz. is not blessed with natural resources like Zambia so the discovery of any mineral is a boost to their economy. Moreover the advantages would outweigh the disadvantages in any Cost Benefit Analysis.
      For starters the Tz govt is projected to get $250m a year in royalties from this project and create 2000 jobs. Lastly this project only affects 0.69% of the nation park.

    • 1. Do you know that Tanzania is the 3rd largest gold producer in Africa after South Africa and Ghana?
      @Jay Jay: 1.Do you know that Tanzania has discovered billions of cubic mteres of natural gas off its southern coast and US president Barack Obama visited TZ last year in order for the US to tap into that resource? That TZ will begin exports of gas to neighbours in 2015?
      3.Do you know that TZ is more serious with its tourism and generates more tourism GDP than Zambia but all we do is be loud mouthed when there a few “environmental dollars” to pick up from some “colonial” game reservists intent on protecting their niche and status quo in Zambia? KEEP ON SLEEPING!

    • 15 years ago when the rich uranium deposits were discovered near the park in Tanzania, the natural gas that is offshore had not yet been discovered and the gold was only discovered recently. ..thats the reason I stated that it didn’t have any natural resources at that particular point in time.

    • Again this is the reason why Tanzania generates more forex from the tourism sector than Zambia as it has never had to rely on other sectors apart from agriculture and tourism.

      PS. Read more about Julius Ngwrere’s literature about sustainable tourism.

  7. CONTD:The smart phone wielding Lusaka based chaps have got jobs and are receiving donor funding to make noise. I would rather listen to the local people and their headmen and/or chiefs.

  8. Way to go. We only have land coverage of about 752000km sq as a nation. It’s unthinkable to see open pits in our pristine national park. What mitigation measures can one put against noise pollution due to explosives, human settlements, vehicular movements, dust, acidic effluent etc? Minister Kalaba should desist from riding on the plate of ignorance. Pls seek wisdom and swallow your pride.

  9. Experience shows that there are always vested business interests that use “environmetalists” to ward off competition/adversity. The case of Jacob Sikazwe’s Legacy Hotel project as part of the South Africa 2010 world cup preparations is a case in point. Hue and cry was raised about the hotel project being in a national park & yet other existing hotels such as Sun & Royal Livingstone are themselves in the same national park! Journalist Faith Kandaba even became a vocal “environmentalist” but failed to ask why other hotels (Sun/Royal) were allowed in NP. Jacob & Legacy hotels which has a chain of exquisite hotels and lodges in RSA never saw the light of day. So were job opportunities. I am very sure if the decision was left to the livingstone residents the outcome would have been different.

    • So then what would be the role of ZEMA if such decisions were left to the people. If the residents of Mulfuria knew what they know now; the polluted air they arr inhaling and the polluted watrt they are drinking every day…. do you honestly think they would agree to any decision today without professional oversight.

  10. This is our land and natural resources lets cherish and protect them becoz once the damage we will never ever have such a beautiful site again. ZEMA is an autonomuos organisation and the Minister isn’t a professional in EIA/EIS then WHYYYYYYYYY tell me Y you want to overrid the research, findings, conclusion and discision of accredited body? Think about the future of your grandchildren of Zambians MR HON. Minister.
    If you have morals standdown your descision..

  11. in this company wanted to develop a mine in a tourist park, the courts would respect the wishes of the natives or the people and not allow the development to go on. the company should be warned that once pf loses power, the minie will be cancelled . the id-i-ot minister and Sata will be proscuted.

  12. I like the debate and the injunctions going around. We must move beyond casting a vote and expecting the politician to do their jobs. For a long time now it is evident that anyone with authority left to his or her own devices will abuse that authority, knowing full well that the political gamble between electoral seasons is likely to pay off much higher if uninhibited than if challenged continuously. We need this kind of citizenship! Bravo, civil society on this one! Government must give a very convincing reason why they want to turn parts of the law into extensions of political hegemony.

  13. We should not be desperate for investments in Zambia at the expense of our natural heritage our forests reserves. There are various areas where mining can be carried out that are outside our national reserves. Mining is a detectible activity and often leaves the natural environment bare which never recovers in ones life time. It would be greed on our part for our future generation to own and enjoy these natural reserves if destroyed. It goes without saying therefore that government should rescind its intended decision of mining in the lower Zambezi.

  14. Time is up for these thieving multi-national companies and our un-repentant politicians. You have taken peace-loving Zambians for far too long. Now you may continue to do so only at your own peril. It’s time you started respecting the will of the people of Zambia.

  15. Where did the minister of lands get his authority from and what grounds is he sitting on for him to go ahead and authorise.

  16. Today the park you have never visited despite living in Zed becomes important. Of course they are environmental hazards but k’mon this is pure politiking than a genuine concern. Chimochine na GBM, lelo ali mu government mulemupontela tomorrow he has advocates. Lets be serious and talk about real issue not ifyakuchelelafye ku plot one mukwingila na plan tamukwete bwino. mukabutuluka ngaba PF when facing reality..

  17. Thanx for this GREATER DEVELOPMENT.

    Europeans or White guys ve GREATER INSIGHT whn analysisng issues.

    “Look at the picture of tht BEUATIFUL ELEPHANT”.

    Its very painful to see him DIE bcoz of your IDIOCY.

    There r other areas to do MINING rather than ‘ “LOWER ZAMBEZI”. OTHER place RESERVE THEM imwe ba kaponya- ma Africans.

    It pains to b AN AFRICAN.

  18. All of us are debating this issue are using technology which was built using resources from a mine some where on this planet. Did the people who sought the injunction do it with the support of the local people who live in the area where the proposed mine will be sited. I have been to the same area, you champions of nature are shouting about. The poverty levels in the area are mind numbing. The locals hate wild animals, especially elephants because they claim, elephants receive more protection than people do. How many of you, who want the area to remain the way it is have paid as tourist and gone to a game park? But how many of you have benefited from Copper mines on the Copper belt and now Solwezi?

  19. The correct move has been taken. This project was rejected by those we have entrusted to make professional decisions on our behalf.

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