Court halts mining in Lower Zambezi

By JIMMY CHIBUYE
THE Lusaka High Court has stopped Minister of Lands, Natural Resources and Environmental Protection Harry Kalaba’s decision to allow large scale mining activities in the Lower Zambezi National Park pending hearing of an appeal.
High Court judge Mubanga Kondolo has granted an ex-parte order which has prevented Mwembeshi Resources Limited from going ahead with the mining activities until an appeal is heard.
This is in a case which the Lusaka-based Community Based Natural Resources Management (CBNRM) forum is challenging Mr Kalaba’s decision to allow Mwembeshi Resources to commence mining in the lower Zambezi National Park.
“It is ordered that the decision of Mr Kalaba dated January 17, 2014 of allowing large scale mining activities in the Lower Zambezi National Park by Mwembeshi Resources Limited be and is hereby stayed pending the hearing of an appeal against the said decision,” Justice Kondolo said.
He said the ex-parte order has been granted upon hearing counsel and upon reading the affidavit filed by CBNRM national coordinator Vincent Ziba.
Justice Kondolo further ordered that the ex-parte order is subject to an inter-parte hearing set for February 18.
In an affidavit, Mr Ziba said CBNRM appealed to the High Court because it was aggrieved with Mr Kalaba’s decision to allow Mwembeshi Resources Limited to go ahead with the project despite Zambia Environmental Management Agency (ZEMA)’s advice not to allow the development.
He said on September 5, 2012 ZEMA wrote to Mwembeshi Resources Limited informing the company that the environmental impact statement for the proposed Kangaluwi Large Scale Copper Mining Project in the national park had been rejected.
He said on November 29 last year, the ZEMA board recommended to Mr Kalaba that the decision to reject the application for the proposed mining project be upheld.
Mr Ziba argued the mining activities proposed by Mwembeshi Resources Limited will damage the environment and will be a danger to the surrounding areas.