By Peter Sinkamba-Green Party President
I totally agree with the call by members of the public, including the First and Fourth Republican Presidents Dr Kenneth Kaunda and Rupiah Banda, calling for revocation of the mining licence issued to Zambezi Resources Limited, an Australian company, to mine in the Lower Zambezi Game Park.
Besides inconceivable immeasurable and irreversible environmental damage that is likely to arise from mining in the national park, it appears to me that the manner, in which the licence was issued to Zambezi Resources Limited, is full of fundamental breaches of the mining law.
From the records, it is reported that on 17th January 2014, the then Minister of Land, Natural Resources and Environmental Protection Honorable Harry Kalaba issued Large Scale Mining Licence No. 15547-HQ-LML to Mwembeshi Resources Limited, a subsidiary of Zambezi Resources Limited. If it true Honorable Kalaba issued the mining licence, then that was illegal.
At that time, the mining law which was in force was the Mines and Minerals Development Act No. 7 of 2008. The power to issue mining licences under the Act, were vested in the Director of Mines. Per Section 25(2) of the Act, it was mandatory for an application for a large-scale mining licence to be made to the Director of Mines in the prescribed manner and form upon payment of the prescribed fee. Furthermore, per Section 25(5), it was mandatory for an applicant to commission and produce to the Director of Mines an environmental impact study on the proposed mining operations which had been approved by the Environmental Council of Zambia (now Zambia Environmental Management Agency).
In summary, the procedure to issue a mining licence started with conducting an environmental impact assessment and submitting the report to Environmental Council of Zambia. After review of the report, the Environmental Council of Zambia either approved or rejected it. If the report was approved, then the developer would proceed to the Director of Mines to apply for the mining licence, and attach to the application the approved environmental impact assessment report together with the Environmental Council of Zambia decision letter. From environmental side, only when the two documents were attached would a mining licence be issued.
This being the case, it is therefore impossible that a mining licence would have been issued by the Director of Mines to Zambezi Resources Limited before 17th January, 2014 when Honorable Kalaba is reported to have issued the authorization to approve the environmental impact assessment report overturning the Environmental Council of Zambia decision letter as approval of the report comes before issuance of the mining licence.
The correct procedure therefore should have been that after Honorable Kalaba overturned the decision letter of Environmental Council of Zambia to disapprove the mining project, then Zambezi Resources Limited or its subsidiary Mwembeshi Resources Limited, should have gone back to Environmental Council of Zambia to issue a fresh decision letter, this time approving the project. Armed with a fresh decision letter and approved environmental impact assessment report, then, and only then, would Zambezi Resources Limited be eligible to submit an application for issuance of a mining licence.
There are so many questions that beg answers on this issue. First, did the Environmental Council of Zambia re-issue its decision letter after the earlier one was overturned by Honorable Kalaba? If so, when was this decision letter issued, where is the evidence? Secondly, when was Large Scale Mining Licence No. 15547-HQ-LML issued by the Director of Mines to Mwembeshi Resources Limited? Was it before or after 17th January, 2014, when Honorable Kalaba overturned the Environmental Council of Zambia decision letter?
And if it was after, was it before or after 4th February, 2014 when the High Court in Lusaka halted government approval of an environmental management plan to mine copper from the Lower Zambezi National Park.
The Mines and Minerals Development Act No. 7 of 2008 provided 60 days in which the Director of Mines was supposed to approve or reject the application. The Director of Mines was obliged to cause an investigation to be made or consultations to be carried out to enable him to assess whether or not the requirements of Section 26 of the Act were met.
One thing for certain is that it was impossible that the Director of Mines issued the mining licence between 17th January, 2014 and 4th February, 2014 because of procedural requirements under Section 26. On the face of it, the Zambezi Resources Limited Large Scale Mining Licence No. 15547-HQ-LML was issued illegally, and thereby null and void. Thus, it just makes sense that Government revokes it not only from environmental concerns raised by the public but also fundamental breaches of environmental and mining laws.
The problem we have with our decision structures in the country is that politicians suddenly become experts when they are appointed to a ministry and override expert decisions and opinions with their preconceived motivations, rightly or wrongly. Very dangerous. And we are going rough-shod into the next elections with this kind of thing. I hope ba Sinkamba stays on in the game to offer these educating revelations and considerations mwe. Tiza saukilatu ndipo.
Incompetent thick head Harry Kalaba as Minister, H² as CEO AfNat Resources Ltd that gave birth to Zambezi Resources stink Corruption.
Why would incompetent HK overrule ZEMA or ECZ by recommending to CABINET that AfNat Resources proxy Zambezi Resources should do mining in LZNP.
Investigate HK and H².
Do we have a problem with people whose names start with H?
These two stink corruption. Yes the license was illegal by any stretch of imagination. I hate corrupt goons.
Apart from HK and CKinsultor in PF and H² in Upndead who else is racketeering and thieving.
With this story it emerges that HK acted with costly gross indiscipline as Minister.
Racketeering refers to crimes committed through extortion or coercion. A racketeer attempts to obtain money or property from another person, usually through intimidation or force. The term is typically associated with organized crime.
H² please get suing, we wanna learn how you thieving characters keep reaping Zambia apart in hidden deals through extortion and coercion for its natural resources.
There’s a possibility that someone may hv lost their job for not standing wth the PF govt whn it decided to nod to mining in lower Zambezi. It’s not enough to cancel the mining licence. Let’s look @ who stood where on this issue and the reasons they gave for standing where they stood.
Peter Ganjaman Sinkamba please use your analysis and cause the ACC to investigate Harry Kalaba for corruption. Zambezi Resources are not the current owners of the Mining License because they sold, how did they sell an encumbered project? Was tax paid? How did Hichilema’s Afnat come into the picture? Cancel the License and more will be revealed
Yes and H² should sue MZ so that more info should be laid bear.
Ayatollah we need to report you to ACC you seem to have information that contradicts the article and everything we know about the issue. Maybe you’re a beneficiary because clearly what is in court is Zambezi not what you trying to cook up. Dora needs to arrest you because clearly you’re spreading fake news or misinformation
You’re welcome, but that doesn’t change the facts. Makebi Zulu has shown how Hichilema made $14M and he’s waiting for Hichilema’s summons. Kalaba has accepted that he overruled ZEMA, what moved him to do that? How was the license sold when the matter was still in Court? How did shell companies buy the mine? Mufisanji amambala?
@Ayatollah. You are way off on this one. Firstly Makebi Zulu has not shown anything other than exposing how stup!d and ignorant he is.
About Kalaba overruling ZEMA, read the ZEMA Act of 2011.
And it’s not necessarily the mining right/License that was transferred but more like the company, its liabilities and assets. Go to MMMD and check for yourself.
@Dokowe, revisit Sinkamba’s write-up. The prerogative to issue the license lay with the Director of Mines. This project started with LPM, and I know that LPM was fond of emeralds. This is the same area where KK authorized the diesel from grass project. Zambia lost emeralds instead
Harry Kalaba found himself issuing that license because of the ZEMA Act of 2011 which says that “if a Mining license application has been denied, then the party applying for that license can appeal to the Minister responsible for environment”. Now whether Kalaba received a brown envelope we don’t know.
The question I certainly would like answered is, why did ZAWA allow for the exploration of minerals in LZNP, when they very well knew that they’re onlyone of two possible outcomes when a mineral exploration is done?
If what HK did was correct then why should he be afraid of an investigation? Besides there isn’t much copper in that ore body
Good analysis Ps! You are always a step ahead.
Bcoz of this issue i can’t vote for Kalaba.He is a hypocrite.so sad for the young man who was so promising.This is the end of his political journey.He is not educated except icisungu mukanwa.God reveals leaders
Corruption in this country stinks sewer!