- by Ulande Nkomesha on 24 Aug 2019by Julia Malunga on 24 Aug 2019by Natasha Sakala on 24 Aug 2019by Natasha Sakala on 24 Aug 2019
- by Stuart Lisulo on 23 Aug 2019by Stuart Lisulo on 22 Aug 2019by Ulande Nkomesha on 22 Aug 2019by Ulande Nkomesha on 21 Aug 2019
- by Zondiwe Mbewe on 24 Aug 2019by Zondiwe Mbewe on 24 Aug 2019by Joseph Mwenda on 23 Aug 2019by Zondiwe Mbewe on 23 Aug 2019
- Goal Diggers
- by Abraham Kalito on 23 Aug 2019by Abraham Kalito on 23 Aug 2019by Abraham Kalito on 8 Aug 2019by Abraham Kalito on 8 Aug 2019
- by Diggers Editor on 24 Aug 2019by Diggers Editor on 22 Aug 2019by Diggers Editor on 21 Aug 2019by Diggers Editor on 20 Aug 2019
- Guest Diggers
- by Chisoni Mumba, PhD on 17 Aug 2019by CUTS on 4 Aug 2019by Kangwa Muyunda on 3 Aug 2019by Rueben Lifuka on 31 Jul 2019
- Editor's Choice
- by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
- by Diggers Correspondent on 11 Aug 2019by Mukosha Funga on 27 Jul 2019by Mukosha Funga on 21 Jul 2019by Web Master on 27 Jun 2019
Nkomeshya sues ZAF, Kinsgland City for destroying forest reserveBy Zondiwe Mbewe on 15 Mar 2019
Chalimbana River Headwaters Conservation Trust and nine traditional leaders of the Soli people have sued Zambia Airforce Projects, Kingsland City Investment and three other construction companies in the Lusaka High Court, for carrying out construction works on Forest Reserve No.27 along Twinpalm Road.
The plaintiffs are seeking an injunction restraining the defendants from continuing with the construction of the Kingsland City Project in the area, and an order declaring that the developments are a threat not only to the Chalimbana River Catchment but the greater Lusaka Aquifer system.
Senior Chieftainess Nkomeshya Mukamambo and headmen Maoma, Mwampekakanya, Kapamangoma, Mukankaulwa, Kayombo, Kapuka, headwoman Kabeleka, princess Cholwe Nkomeshya of the Soli people and Chalimbana River Headwaters Conservation Trust have sued Zambia Airforce Projects, Kingsland City Investment, Drimtown Investments Limited, Shangrila Investments Limited and Datong Construction Limited.
In a statement of claim filed in the Lusaka High Court, Wednesday, the plaintiffs stated that they were at all material times, members of the Busoli Royal Establishment Chiefdom Lands Committee, as well as, headmen and headwomen in various villages of Soli people under the Busoli Royal Establishment in Lusaka, and relied on the Chalimbana river.
The plaintiffs explained that Lusaka City’s public and private water was predominately sourced from its underground aquifer system unlike other areas in Zambia that relied on free flowing surface water.
They stated that without the protection and preservation of water recharge areas, the aquifer faces the risk of depletion and that Lusaka City, with its growing population would face a major water shortage.
The plaintiffs stated that their suit concerned an area known as ‘Forest Reserve No.27’, where a critical underground-water recharge area known as the Chalimbana River Catchment was located.
They explained that due to the importance of this water resource, a system of Forest Reserves were created and gazetted as protected Forest Reserves which included Forest Reserve No. 27 through various Statutory Instruments.
The plaintiffs stated that despite the fact that only a portion of ‘Forest Reserve No.27’ was demarcated for the Zambia Air Force, the entire ‘Forest Reserve No.27’ was de-gazetted and this led to unwarranted land grabbing and allocation of plots on the de-gazetted Forest Reserve.
They further stated that the uncontrolled activities in the area caused environmental destruction and the Chalimbana River slowly began drying up and the water table drastically lowered, adding that the President at the time, President Chiluba, ordered that ‘Forest Reserve No.27’ be re-gazetted as a local Forest Reserve.
They stated that despite this background and the environmental sensitivity of ‘Forest Reserve No.27’, a number of construction projects had recently been commissioned in the area and the main one was known as ‘the Kingsland City Project’.
“The first and second defendants (Zambia Airforce Projects and Kingsland City Investment) are the instigators of the Kingsland City Project with the third, forth and fifth defendants (Drimtown Investments Limited, Shangrila Investments Limited and Datong Construction Limited) carrying out construction works in the area through an agreement with with the Zambia Air Force Projects Limited,” read the statement of claim.
The plaintiffs stated that the defendants did not comply with the law regarding Environmental Impact Assessments prior to the commencement of the developments as no public hearings were held as required by the law.
They stated that as a result of this, the Zambia Environmental Management Agency (ZEMA) issued a Protection Order, ordering Drimtown Investments Limited, Shangrila Investments Limited and Datong Construction Limited to stop construction works and restore the area to its previous state.
The plaintiffs stated that despite the issuance of the Protection Order, the defendants had never complied and continued to carry out constriction works on the environmentally sensitive area.
They now claim for an injunction restraining the defendants from continuing with construction works in the area, an order that the defendants should obey the Protection Order, an order declaring that the developments are a threat not only to the Chalimbana River Catchment but the greater Lusaka Aquifer system, costs and any other reliefs.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- KCM opposes Vedanta’s application to disregard in-house lawyer’s affidavit - 24 Aug 2019
- High Court restrains Tilyenji from acting as UNIP president - 24 Aug 2019
- ConCourt has jurisdiction to hear my petition, submits Lundazi Central losing candidate - 23 Aug 2019
- Pathologist testifies in ritual killing case - 23 Aug 2019
- Mwitwa sues Tutwa for defamation of character - 23 Aug 2019
- Mwenye's corruption remarks irk PF (3,614 views)
- ConCourt has no powers to hear Bill 10 - Kalaluka (2,591 views)
- If austerity measures were working, we wouldn't be having these problems – BoZ (2,357 views)
- Zesco announces increased load-shedding (1,677 view)
- LAZ warns Speaker, MPs of contempt over Bill 10 (1,395 view)
- KCM opposes Vedanta’s application to disregard in-house lawyer’s affidavit
- Maize dependency will continue making Zambia vulnerable to hunger – Kayula
- High mealie meal prices are an indictment on Lungu – Nalumango
- High Court restrains Tilyenji from acting as UNIP president
- Why was impeachment motion halted if courts have no bearing on Parley, HH asks Matibini
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend