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Ministry of Lands has powers to overturn the decision by the Zambia Environmental Management Agency-Guy Scott

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Chiefs and Traditional Affairs Minister Prof Nkandu Luo (left) talks to Vice President Dr Guy Scott during the tree planting ceremony organised by Greepop at Victoria Park National Heritage site.
Chiefs and Traditional Affairs Minister Prof Nkandu Luo (left) talks
to Vice President Dr Guy Scott during the tree planting ceremony
organised by Greepop at Victoria Park National Heritage site.

VICE President Guy Scott has said the Ministry of Lands has powers to overturn the decision by the Zambia Environmental Management Agency (ZEMA) to award Zambezi Resources Limited, mining rights in the Lower Zambezi National Park.

Dr Scott told Parliament today that, Mwembeshi Resources, a subsidiary of the Zambezi Resources of Australia will only implement the mining project after full consultations and compliance with the Zambia Wildlife Authority (ZAWA) prescribed conditions and specifications.

Dr Scott said the Ministry of Lands, Natural Resources and Environmental Protection was in-charge of, among others overseeing the functions of the ZEMA.

Dr Scott said this in a ministerial statement on the contradictory statements issued by Ms Masebo and her Lands counterpart, Harry Kalaba, regarding the matter.

The statement followed a point of order raised by United Party for National Development (UPND) Member of Parliament (MP) for Monze Central, Jack Mwiimbu on the contradictory statements between the two Ministers regarding the matter.

“This being the case, the decisions made by ZEMA are subject under the ZEMA Act number 12 of 2012 to review, referral and supervision by the Minister responsible,” Dr Scott said.

The Vice President said in view of the above, Government’s position
concerning the Kangaluwi Copper Project to be undertaken by Mwembeshi Resources, a subsidiary of the Zambezi Resources of Australia in the Lower Zambezi was as interpreted by the Minister of Lands, who had the mandate to state Government’s position after wide and extensive consultations.

Quoting Section 24 (1) of the ZAWA Act number 12 of 1998, Dr Scott said “any person who holds any mining rights in, over, under or in respect of any land comprised in a National Park, may enter and exercise the same within the National Park upon his giving prior written notice to the Director-General of his intention to do so enter the National Park and to so exercise his right in it and upon compliance with any conditions which the Authority may impose”.

“Therefore, the Kangaluwi Copper Mine project area shall remain part of the Lower Zambezi National Park. Subsequently, Mwembeshi Resources Limited shall only implement the project after full consultations and compliance with ZAWA’s prescribed conditions and specifications.”

He said Government could not however elaborate the matter further, as it was before the Courts of Law.

Meanwhile, deputy Speaker, Mkhondo Lungu urged the Members of Parliament to respect proceedings of Parliamentary Committees, following indications that Tourism and Arts Minster Sylvia Masebo’s submission to the Committee on Lands on the issue of Lower Zambezi was allegedly leaked to the media.

“Honourable Members we should respect the proceedings of the Committees, otherwise there will be no confidence in the sanctity of such proceedings,” Mr Lungu said.

The deputy Speaker advised that in view of the matter being before the Court, the MPs would not ask follow up questions on the ministerial statement by the Vice President.

48 COMMENTS

  1. When more hands are oiled in corruption and raping of the country,Zambia Environmental Management Agency and the ACT of parliament becomes nothing but just a tool for abuse!!…..A better Zambia is demanded!!

    • I PERSONALLY WOULD ASK AS TO WHAT WILL REALLY PROVIDE MORE REVENUES TO THE COUNTRY AND TO THE ORDINARY CITIZENS- HAVING AN OPEN PIT MINE IN THE NATIONAL PARK OR HAVING A NATIONAL PARK AND REFUSE THE MINE? HOW MUCH ARE WE GETTING FROM THE NATIONAL PARK REVENUES AND HOW MANY PEOPLE ARE EMPLOYED BY THE SERVICE PROVIDERS AND HOW MUCH WILL THE COUNTRY GET FROM THE MINE TO BE AND HOW MANY PEOPLE STAND TO BE EMPLOYED? THESE ARE CRITICAL QUESTIONS. IF THE MINE WILL BENEFIT THE COUNTRY AND ORDINARY CITIZENS, THEN THE NATIONAL PARK SHOULD GO- THE UTILITARIAN PRINCIPLE OF HAPPINESS SHOULD BE FOLLOWED.

    • BUT WHY CAN’T THEY GO AND MINE THE SAME COPPER IN LUAPULA PROVINCE INSTEAD OF DESTROYING THE NATURAL ENVIRONMENT AND DISPLACE THE ANIMALS? THERE IS PLENTY OF COPPER AND OTHER MINERALS IN MANSA AND OTHER LP TOWNS.

    • Those Facebook those MPs and their “human” President Sata have opened are more respected that Parliament.
      No confidentiality at all.

  2. Indeed them guys will collaborate with ZAWA to export all the wildlife from the national park and then export all the minerals resources. When are we going to wake from this slumber!!!!!!!!!!!!!!!!. Cant we see that these guys are just after our wildlife. Remember operational noah at kariba, in the name of power generation all the wildlife is gone.

  3. Well said Sikote,point taken ! It is my hope that the mine will never see the light of the day in lower Zambezi.High time we protected our wildlife.

  4. This is a government that does not listen to anybody nor consult. They want to do their own thing; they want to engage projects and implement policies that are not well explained and just erupt like a volcano. Please don’t take people for a ride. We already have enormous problems with the current mining companies in Chingola, Mufulira, Kitwe, Lusanshya, etc.Mining is leaving a trail of destruction and harming people’s health. Before you solve existing problems, big ones for that matter you want more destruction of the country. There are reports of tax evasion, false reporting, etc from the mining companies; before you solve these problems you want to bring more problems. Please ba PF learn to listen, you are dealing with God’s people, respect them. God bless Zambia!

  5. On the leaking to the media of Masebo’s “in camera” submissions. There is a reason why its called a “Parliamentary committee” in fact there is supposed to be “Public” in front of those two words. We elected those selfsame parliamentarians so why should they present statements of this nature behind closed doors?

    • R B thought 2011 was a much more done deal than you bafoons do.

      2016 Zwaaaa, seems we will need more spaces at Chainama going by what I heard today.

  6. This is ironic just last week Guy Scott was complaining about one foreign owned mining company KCM that it was about to close shop and run, today the selfsame man is selling out to another foreign mining consortium. In all honesty what consultations would the Zambezi Resources of Australia have with the Zambia Wildlife Authority (ZAWA)? This is an open pit mine in the middle of their park, ZAWA neither has the technology nor the manpower to prescribe conditions and specifications. Moreover ZAWA has enough on its plate to deal with at moment with poachers and foreign planes landing under the cover of darkness and stealing our wild animals.

    Is the caliber of leaders like Guy Scott we send to negotiate with foreign mining CEOs…its just sad to say the least.

    • @Jay Jay VP seems to have forget section 24(2) which states “…the Authority may impose conditions as to the exercise of any mining rights in accordance with the measures specified under an environmental impact assessment approved by the Environmental Council (now ZEMA)”. And ZEMA said NO!

  7. Good evening

    The Mininstry of Lands may have powers to overturn the decision and award mining rights but in my books, the Supreme Court of Zambia has higher powers to overrule the decision if it is not found to be of social and environmental benefit.

    In such events, it makes more sense to comment after the ruling of the courts.

  8. Please just GO HOME! You do not have a home to go to?
    You mistake our love for all races for f.o.o.lishness.
    Uzaona mu 2016.
    Muzungu wopusa big time!

  9. In short, ZAWA is more competent than ZEMA in Environmental related issues!! ZAWA is more competent than ZEMA to advise on Mining activities in a Park!! I HAVE NEVER IMAGINED OF HEARING SUCH NONSENSE IN MY LIFE!!!

  10. I think the syphilis is now airborne and those sitting in the same room are all infected in varying degrees. He is effectively saying ZEMA is obsolete and a waste of tax payers money. Environmental Impact Survey is a myth as all these infestors need to do is CONSULT!!! and the mine will be established……. These guys are beyond reason now, but I have confidence that this is a battle Zambians are prepared to fight

  11. All the VP statement gives is the facts, as requested. Why do people need to vomit uselessly in responses? The law is the law, not something for bloggers to debate

  12. Now I am beginning to price the Robert Mugabe’s sulky attitude to the British Govt and some racists whites in general. Guy Scott represents the most useless fleet of British export to Africa. May be Chinese are much better souls.

    In Zambia only the President is allowed to think while the rest are not expected to use their brains. As for now Zambians can just pray for the day when the people – including the PF Ministers and MPs – will once more breathe a sigh of relief and be allowed to think as humans.

  13. buti this white has become too free in this country mweh,zambian we are stupid for allowing Avarta the movie to happen in the lower zambezi because of minerals….

  14. Guy Scott, we are aware on which ground you stand and you do not mean well for this current generation and future generations. On this matter therefore it would be good if you had reserved your comment to your household.

    • But what kind of jobs will they get? According to various news reports, the people in the area have minimal educational standards. Will they be trusted to operate the machinery that costs millions of dollars? I doubt it. One can only surmise that they will be given menial tasks like pushing a broom and the such. (no shame in this). However, is it worth the destruction of our heritage so a few people can push brooms? Surely they can do this in the lodges and if the government is determined, they can start building small schools in the area. In fact, why don’t we as Zambians collectively have a fund raiser to build a small school, so that future generations will have hopes for their future in the area. It just does not add up.

    • @Nature Girl: However, menial the job may seem in your eyes, someone out there in Luangwa to whom this “menial job” will help him put food on the table and enable him send his/her kids to school, he will cherish it. And it will do him more good than the keyboard development planning & criticisms of the mining project. By the way who told you you need degrees to operate mining equipment. All you need is a grade 7 certificate, good work ethic and discipline. (No alcohol 24 before duty). Go to Lumwana & see former village GIRLS operating those 200ton shovels & trucks! And what about the 2000 miners KCM wants to prune and 100s of CBU & UNZA engineering graduates, roaming the streets, dont they need jobs too!

  15. Eh??? From the mouth of a white man??? Mah!!! I don’t know kansi!! Conclusion: Color has nothing to do with Character!!

  16. We have already done more harm to our country by selling our minerals to the western world at a give away price. We already have a lot of copper mines operating in this nation which do not benefit Zambia . Only these politicians are eating bread and butter at the expense of the general population. We have failed to manage the already existing mines and why should we open new mines. Let us leave them for the future generation, maybe they can have the brains to get the best out of the natural resources that we have. For now, let the animals remain. We have given the country to fools.

  17. Scott said’ …..as interpreted by the Minister of Lands, who had the mandate to state Government’s position after wide and extensive consultations’. did ba kalaba do this? if he did, there would not be such uproar from the public.
    @ ola, you have very good questions. but in life or business, you have to look at immediate benefits and long term effects, long term benefits and short term effects, long term effects and long term benefits. this is why pipo are debating. the mines will provide, maybe over 20000 jobs and revenue for zambia for the next 30 years, but what are the enviromental effects therefore. wildlife may employ few give moderate revenue but for how long, definetely indefinetely. there are certain areas in the UK or Europe or Australia, they re left untapped for the future

  18. The purpose of setting up a national park is to limit human activities in a specific natural estates for the purpose of natural estates themselves.

    The purpose of ZEMA is to ratify such activities against set standards.

    The purpose of the ministry (ies) is to ensure no man of any standing violates the standards

    In view of the above, prospecting should have even taken place.

    That’s how self respecting people live; by their own rules.

  19. ZAWA has been very difficult to deal with. I LOVE ZAMBIA as a country and I’am wanting to immigrate there. I want to take my skills and little money I have and invest in the country. And you know .. you cannot get a answer from anyone even rejection. what’s sad is this is why the country is poor. And this country can be great. Its so hard dealing in Africa I see it in South Africa now. Departments don’t answer e-mails don’t answer phone calls and don’t answer period.. Cant run a business country or even a relationship like that.. poor show

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