Wednesday, June 19, 2024

Government suffers major defeat in court case on hunting concessions

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The Lusaka High Court has quashed the decision of the Permanent Secretary in the Ministry of Tourism and Arts, Mr. Evans Muhanga to cancel the Safari Hunting Concessions in 19 hunting blocks in various game management areas.

In a 108 – paged Judgment delivered on Friday, High Court Judge S K Newa has also condemned Government to pay costs to the Applicants for the litigation.

In May 2022, Ministry of Tourism Permanent Secretary cancelled the process of Safari Hunting concession agreements that were fully negotiated in 2020 against the advice from Attorney-General Mulilo Kabesha.

The effect of the cancellation was that Government lost all revenue it could have generated for about a year when the purported cancellation of the concessions subsisted.

The High Court has issued an order to compel the Permanent Secretary Muhanga to sign or execute the Hunting Concession agreements with the Applicants.

The Government has also been prohibited from re-advertising the tender for the grant of the Safari Hunting/Photographic Tourism Concessions in the 19 Hunting Blocks in the various Game Management Areas.

Contrary to what Government had said, the Court found that the law and regulations governing the procurement of the tender for the granting of Safari Hunting/ Photographic Tourism concessions in the 19 Hunting Blocks in the various Game Management Areas were followed by the Applicants.

“The Applicants, having succeeded, they are awarded costs which shall be taxed in default of agreement,” stated the Court in closing.

24 COMMENTS

  1. If every there was a PS who needed to be relieved if his duties it was this man. The AG advised against the cancellation and he went ahead to cancel and now the government is owing millions in damages. What justification does he have for his actions? The appointing authority kept him in office, makes you wonder if the rumours that they wanted to award to his friends were true.

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    • This does not look like what I voted for. There’s a law passed by Parliament during LPM’s time in office. Public officers who negligently make decisions that result in government being found financially liable can be charged in person. Does Evans Muhanga know this? Will the law be invoked?

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  2. Muhanga accepted to be used and now he’ll dance chikokoshi alone. He’ll be protected for now by those that instructed him to cancel those tenders but this judgement shall live forever and there are likely to be consequences. The next are those overzealous chaps that have frozen assets and seized properties in the name of investigations. When the victims begin to litigate government will pay dearly. This kind of recklessness can’t go unpunished

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  3. Muhanga is just okay, there was just a technicality on this and not that the man is negligent or reckless, the man was doing all this in good faith, and I am not sure why some people think the attorney generals’ advice is compelling and mandatory, no its not. Yes in this case government lost the case, as if it is the first one government has lost. There are times when Attornet General has advised wrongly in the past and government still lost. There was just a technicality here and not that Muhanga did things recklessly

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  4. Trying to cover ones tracks he should have listened to AG now he must explain why he did not follow the legal opinion…he went to parliament saying he was well versed..anyway bally will call him white gloves on…

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  5. Some chaps condemning Muhanga may not evem know the real truth, this loss is just on a technicality indeed. Too much colluption in the previous regime, things Muhanga was trying to correct and some lost souls are condemning the man

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  6. But why even give concessions in the first place only to cancel them later. Government must now learn to ban trophy hunting altogether and just make movie through game viewing and salaries.

  7. Time we had President who respected the courts, Dora Siliya as Minister faced Tribunal for disobeying advice which costed the nation. Hichilema must discipline his PS

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  8. Time we had President who respected the courts, Dora Siliya as Minister faced Tribunal for disobeying advice which costed the nation. Hichilema must discipline his PS.

  9. So this proves that HH is just a demagogue Politician just like Lungu…colors have changed from green to red everything else is the same and even worse…I knew HH was a joker when it was discovered that he was part of Lower Zambezi Mining deal….Politicians are useless

  10. The greedy in this government worries me. They think all citizens and businesses who had business or contracts under PF didn’t support them. You punishing innocent people. Now look the courts are embarrassing you. No wonder busy appointing Judges who can rubber stamp your bad deeds but know you destroying Zambia like that

  11. These same concessions are such delicate matter you dont just cancel them the problem is they want to include their own people who have bribed them…this govt has never made a stance on anything especially where the elite are involved. Countries like Chile have banned any trophyhunting.

  12. Trophy hunting is murder of innocent animals and it should be banned in Zambia. Animals are killed, not for eating, but so some Westerner can feel good about their low self esteem. Ban trophy hunting in Zambia, as it’s cruelty to innocent animals. You murderers.

    • THE PATRIOT – Imagine these Trop hunters want the biggest Lion in the park that happens to be the Pride male they take him out and the whole pride is in danger of a take over from rival males who will kill all cubs.
      Why has anyone not dont a cost benefit from these concessions against tourists who come here to shoot with a camera rather than kill our animals for a fee they pay to some SA company or some Rich Indians and Pakistanis.

  13. @ The Patriot
    Isn’t it heartbreaking my dear brother…just murder animals for fun….and that’s the main Problem when someone wants to please his masters….HH just continuing from where Lungu from with total distraction….remember how HH was caught red handed siding with the Lower Zambezi Mining…..We are slowly killing our Tourism industry…..New York City survives on Tourism…and if managed well Zambia can survive on Tourism without getting on our knees begging for handouts from IMF

    • Just look at the Forest 27 how they are dragging their feet when the city’s water table is in danger…it was easy to say when we come into power we will blah blah

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