Lusaka City Council has been charged for failing to remove waste and restore garbage dumping areas in some parts of Kanyama and Misisi compounds. The council has been slapped with two counts for managing garbage in a manner which creates significant risk of an adverse effect and other two counts of failure to restore sites, where garbage had been illegally dumped.
The charges are in accordance with Section 54 and Section 60 of the Zambia Environmental Management Agency (ZEMA) Act. ZEMA has also charged Lusaka Town Clerk, Alex Mwansa and Council Director of Public Health, Edgar Mulwanda, in their official capacities in the local authority.
ZEMA Corporate Affairs Manager, Irene Chipili says the council will be prosecuted for the four counts, and this relates to a Site Restoration Order, issued on August 1, 2018.
Below is the full statement
ZAMBIA ENVIRONMENTAL MANAGEMENT AGENCY
For Immediate Release
LUSAKA, 24TH AUGUST, 2018- ZEMA CHARGES LUSAKA CITY COUNCIL
The Zambia Environmental Management Agency (ZEMA) has charged Lusaka City Council (LCC) for failure to fully comply with Site Restoration Orders issued on 1st August, 2018. Pursuant to Section 60 of the Environmental Management Act No. 12 of 2011 (“EMA”), LCC was ordered to remove waste in parts of Garden, Kanyama and Misisi townships and the Town Centre and restore the sites to a condition satisfactory to ZEMA. The Council was also ordered to take action that would prevent the continuation of disposal of waste at the stated sites.
The Agency carried out compliance inspections of the stated sites and found that LCC did not fully comply with the Orders. In view of the above, LCC will be prosecuted on four counts for:
Two counts for the offence of Managing waste in a manner that results in an adverse effect or creates a significant risk of an adverse effect occurring in respect of the two sites in Misisi and Kanyama respectively contrary to Section 54 of the EMA; and
Two counts for the offence of failure to comply with Site Restoration Orders issued in respect of Misisi and Kanyama sites respectively contrary to Section 60 subsections (3) and (4) of the EMA.
In addition, pursuant to Section 126 of the EMA, Mr. Alex Mwansa and Mr. Edgar Mulwanda have been charged in their official capacities as Town Clerk and Director of Public Health at the LCC respectively. To this end, the two stand charged together with LCC with four counts as above.
The offences were committed on dates unknown but between 1st day of January, 2018 and 11th August, 2018 in Lusaka District. The matter will come up for allocation and possible plea before the Lusaka Magistrate court on 30th August, 2018.
ZEMA is committed to ensuring that Local Authorities play their role in managing waste in their jurisdictions and subsequently, protecting our environment.
Issued by: Irene Lungu Chipili
Manager – Corporate Affairs
Zambia Environmental Management Agency