The Daily Mail 30 August 06

Legacy to build hotel in Livingstone
From NDUBI R. MVULA

Continued from last week

QUESTION AND ANSWER SESSION
(Summarised)
Q1. Francis Shalwiindi (National Heritage Conservation Commission - NHCC)
How many stakeholders were consulted before allocating land to Legacy Holdings in the World Heritage Site?
A1. Dr. Saiwana (Director General, Zambia Wildlife Authority - ZAWA)
We have to follow a process. The land needs to be leased out before doing an environmental impact assessment (EIA). Now various stakeholders are being consulted.
Follow up to Q1. Francis Shalwiindi
NHCC is a major player and should have been involved right from the start. The land contains national monuments (protected sites), which were declared long before the National Park was declared. How did Legacy Holdings enter into an agreement without consulting NHCC? Meanwhile, an international agreement was signed by Zambia, Zimbabwe and UNESCO concerning the World Heritage Site. A regional agreement was also signed between Zambia and Zimbabwe. NHCC have just received a submission from UNESCO: "The World Heritage Centre and IUCN note with great concern the threats… and lack of follow up on the 2002 meeting. There is need for a joint management programme. A joint UNESCO-IUCN mission is required to assess the state of the property.
Q2. Mike Musgrave (Wildlife and Environmental Conservation Society of
Zambia - WECSZ)
Who should hold a scoping meeting - Environmental Council of Zambia or the Developers?
A2. Levy Mosho (Legal Council for Legacy Holdings)
Regulation No. 8 of the Statutory Instrument states that an EIA shall be prepared by the developer. To ensure that public reviews are taken into account, the developer shall organise a public consultation process.
Q3. Margaret Whitehead (Former Councillor and Resident of Livingstone)
In the recently approved Livingstone Structure Plan for Livingstone District Council, the vision of the council is given as:
"Livingstone, as the main tourism destination in Zambia, must strive to become the preferred tourism destination in Southern Africa, through provision of a quality tourism experience, by resolutely protecting the World Heritage Site and its surrounds, and actively promoting this unique environment, thereby improving the economic situation and quality of life of the residents."
And the mission is given as:
"The mission of the Livingstone City Council is to provide minimum level of services that are affordable and to ensure that the costs of such services are recovered in order to protect the environment of this World Heritage Site and promote sustainable development."
How is a golf course preserving the World Heritage Site? Why was the Council not informed before the foundation stone was laid? And why was permission not requested for change of use of this bit of land?
A3. Dr. Saiwana (ZAWA)
ZAWA is the authority on developments taking place in a National Park. All plans are supposed to be given to ZAWA. When this has been done and the EIA approved, ZAWA will submit plans to the Council. The District Council is not a planning authority in a National Park.
Follow up to Q3. Margaret Whitehead
The question has not been answered. How does Legacy see the project as being compatible with the National Park and the World Heritage Site?
Answer to follow up on Q3.
Jacob Sikazwe (Legacy Holdings)
Heritage is there to be enjoyed for future generations. But how do we enjoy this heritage? We need to be able to enjoy it.
Moderator
NHCC should put their concerns in writing.
Dr. Saiwana (ZAWA)
The area is a national park and therefore ZAWA have full control over it. They do not have to get permission from Council. There are laws governing this. People cannot just make up their own laws. Concerning NHCC, their Act is more recent than the ZAWA Act, so they cannot claim that they have prior rights or control in this area.
L. Muleya (ZAWA)
Make sure a heritage specialist is included on the EIA team, and a wildlife specialist.
Q4. Nicholas Katanekwa (Chairperson Livingstone Tourism Association - LTA)
The LTA is happy when new colleagues come into the business, but also concerned that the development is coming in without looking at issues agreed in various agreements with IUCN and Zimbabwe. There are many documents, which have already analysed the potential impact of increased tourism in this area, such as the IUCN study. Most tourists come to Zambia for the wilderness value. What is Legacy doing for the wilderness value? We are interested in investors, but investment should be properly planned.
A4. Dr. Saiwana (ZAWA)
Your contributions are valid and will be included. All these issues have been taken into consideration.
Follow up to Q4. Nicholas Katanekwa
Let the project not be stopped at some stage because certain authorities have been overlooked. We need the development but let the planning be done systematically.
The authorities, such as the Council, NHCC, World Heritage Committee, have not been involved.
On the Council boundary, part of this land is under council and the council have jurisdiction.
Follow up to Q4. Margaret Whitehead
The Livingstone District Council boundary includes the whole of the National Park.
Mr. Darius Hakayobe, Southern Province Permanent Secretary's parting remarks (as he left the meeting)
I am very happy about this development for Livingstone. NHCC should not raise questions they should have raised earlier. Can we please define stakeholders. We should include all stakeholders. Please consult widely and give us the way forward.
Q5. Henry Muloongo (Livingstone Museum)
Where have the public been involved in this issue?
The foundation stone has been laid. How binding will the decision by the ECZ be? Will the foundation stone be brought down if the proposal is rejected?
A5. Jacob Sikazwe (Legacy Holdings)
The foundation stone is just a symbol, showing that Legacy has been welcomed and now have a stake in this area.
Q6. Mike Musgrave (WECSZ)
The EIA law is weak. But the process should include the spirit of the EIA, not just depend on laws. We have seen promises in EIAs that have not been kept and the EIAs have not been followed up. For example, Sun Hotels fenced off their hotel from wildlife - was that in the EIA? They have left the elephants with no corridor - was that in the EIA? From your presentation I am not very clear where you are planning to leave an elephant corridor.
A6. Dr. Saiwana (ZAWA)
ZAWA was supposed to have implemented the EIA for the Sun Hotels. This should be followed up by ZAWA. It is a problem of ZAWA.
Q7. Dr Shanks (Medical Centre)
Is Elephant Hills Golf Course in the World Heritage Site? It is in a national park. It is full of wildlife.
Q8. Mulyokela Kalaluka (Wildlife Consultant)
i) Mosi-o-Tunya has no approved management plan, so how has this development been planned?
ii) Is this site in a development zone?
iii) What is the principal resource value on which the Mosi-o-Tunya National Park is anchored?
iv) Was that land advertised on such a large scale? I thought only small pieces of land were advertised?
A8. Jacob Sikazwe (Legacy Holdings)
The resources of the park include the river frontage, wildlife, islands, falls, heritage sites, land and vegetation, among others.
Dr. Saiwana (ZAWA)
Yes, the land was advertised.
Q9. Namakau Silumesii(Zambezi FM Radio)
i) You say this is a planning session, but it seems to be a sealed done-deal.
ii) How will ZAWA control the elephants coming into the farms if this development goes ahead?
iii) Will our children be able to see the river after this? We cannot see it at Sun Hotel; we are not allowed just to go in to look at the river.
iv) Will this promised job creation really materialise? The current created jobs are just another form of slavery.
v) We don't mind development, but please take it somewhere else.
vi) Where it is, will it really help the local people?
A9. Moderator
No, it is not a done deal until the EIA is approved.
Jacob Sikazwe (Legacy Holdings)
The issue of jobs applies to all developers.
Q10. Kinny Ntambale (Zambia National Information Services - ZANIS)
How many applicants have been turned down for the same area before
Legacy?
A10. Dr. Saiwana (ZAWA)
The proper tender process was followed. I don't have figures of how many
applied.
Follow up to Q10. Kinny Ntambale
I have information that at least 9 applicants for this same piece of land have been turned down over the last five years. They were told that they were turned down because this was a National Park and was not suitable for development. What makes Legacy's application different? There seems to have been a lack of transparency over this whole issue. Furthermore, people come here to see the elephants. Elephants currently use this area. You cannot decide on a corridor for elephants. This apprehension by the people of Livingstone is as a result of their past experiences.
Q11. Martin Hitchins (Livingstone Residents Association)
Livingstone welcomes your investment, but there are a lot of concerns. Sun Hotel was not built as per their original plan. They had to adjust to the EIA.
Q12. Clement Chisanga (Director of Planning, Livingstone City Council - LCC)
i) First, as a clarification, the 'neck' of the Maramba River has always been part of the Park. However, since the park is on the edge of the planning boundary, the developers still have to get planning permission from LCC.
ii) The issue of traffic also has to be considered. Livingstone already has a traffic problem, and the Livingstone-Falls road is not wide enough to handle the kind of traffic that would result from this development.
iii) The socio-economic impact also has to be considered. Livingstone already has a golf course in town. Will the development complement the city? Do we really need another golf course - to take away potential golfers from the city one?
iv) The developers and consultants should be aware that the Livingstone City Council has a sewage outlet within the site, which is used when there are problems with the other one.
A12. Jacob Sikazwe
Livingstone's population is growing – the golf course will complement
others. Variety is needed.
Q13. Michael Nang'alelwa (NHCC)
There are a lot of weaknesses in the EIA process. It restricts itself to only the site area. But the impacts of the development will not be localised. For example, the corridor for elephants has already been restricted by Sun. This will affect their movements in the whole area. A wildlife corridor is not a narrow path. We need to include the whole ecosystem. Documents already exist, such as the Strategic Environmental Impact Assessment of the Victoria Falls area of 1996, sponsored by the IUCN. These should be used for reference when preparing the EIA. Concerning the World Heritage Site, last year UNESCO sent a team of experts to do an assessment of the site, since they were concerned about the increasing number of developments in the area.
Q14. Clare Mateke (WECSZ)
i) You said that we need this development to be able to enjoy the heritage. Some of us are already enjoying it - through bird walks, picnics, outings, etc. in this area. If this development goes ahead we will no longer be able to enjoy it. You mentioned that you will take your clients for bird walks - where? There will be very few birds left after this. And you said you will encourage your clients to visit other parks to see the wildlife. Why do we have to destroy this one for the sake of other parks?
ii) How do you plan to fit an elephant corridor within this site? It is already small for an elephant corridor. Most other places on the river are already developed and have blocked elephant movement by fencing or other means. This is one of the only places they have left. If you only leave a very narrow corridor, how are you going to inform the elephants which way to go?
iii) Did ZAWA or Legacy Holdings consider any alternative site to this one, considering that this has been designated as a protected area by so many national and international bodies? Please include in the EIA under the alternatives, the alternative option of moving the development to another site altogether, preferably outside the park, there is plenty of room elsewhere, such as on the road to Mukuni Village, where there is a lovely view.

A14. Jacob Sikazwe (Legacy Holdings)
There will still be birds after construction. As it was mentioned, there is wildlife on the golf course in Victoria Falls, Zimbabwe. We will encourage clients to visit other parks, which will help Zambia in general.
L Muleya (ZAWA)

i) There will be no fencing allowed.
ii) ZAWA identified the sites for development. This was followed by advertising them for tender.
iii) There is no alternative site once the sites have been given out.

Q15. Benjamin Mibenge (Environmentalist)
Why are we only talking about elephants? I haven't heard anyone talking about insect or bird corridors.

This development will affect not only the elephants, but also the whole natural environment - the birds, trees, insects, reptiles and other small animals.

These golf courses will require fertilizer and other chemicals. These will affect many of the existing plants and animals. We need to consider all these. This is the only country we have.

I am speaking on behalf of the silent majority!
Q16. Lackson Nthani (Zambia National Broadcasting Corporation - ZNBC)

I have hardly heard any answers to the various questions that have been raised. So I want straight YES or NO answers to my questions.

(Interjected and cautioned by the Moderator not to be confrontational)

i) The site where the foundation stone was unveiled used to be the Maramba Cultural Village. It was abandoned because the elephants kept damaging the buildings. Has the government now changed its mind?
Answer – Dr. Saiwana (ZAWA)

We have taken note and will address it. The developers are not going to block the elephant corridor, and will not cut any trees. Elephants are going to cross to the island and feed in the national park.

There will be no fencing; animals will be free to move around. ZAWA is going to construct its HQ at the old cultural village.
ii) Has Zambia decided to ignore all the national and international agreements?
(No answer given, except from the moderator that it had already been answered)

iii) Are ZAWA going to refund the US$9 million down payment from Legacy Holdings if the project is not approved?

Answer – Dr. Saiwana (ZAWA)
ZAWA has not yet received any money from the developers, and will only do so once the EIA process has been completed.

iv) Are the press not stakeholders?
Answer - Moderator
They are part of the process - they disseminate the submissions of the
stakeholders.

Closing remarks from Senior Chief Mukuni
Senior Chief Mukuni ended the meeting with an impassioned speech saying that Livingstone needed the development to provide jobs for the people of Mukuni.

He said he had expected to see the poor people of Mukuni at the meeting. He could see no reason why the development should not be in the park and did not want it up in his area.

He said that Sandton City, in Johannesburg, brought a lot of visitors because of the towers, and that we needed that kind of development in Livingstone to bring in more tourists.

He questioned why the Zambian side of the heritage site had so much protected area, and suggested we be downgraded to allow for more development with less restriction.

The Senior Chief asked why there had been no EIA for the World Heritage Site and why his people had not been consulted. He also questioned why there were no poor people from places like Libuyu or Mukuni at the meeting.

He ended by saying that anyone against the development should leave Livingstone.

Closing remarks from M r. Sikazwe, Legacy Holdings
Contributions and suggestions and future submissions will be considered.

Closing remarks from MWANGALA zALOUMIS, MODERATOR
The Moderator informed those present that this was the end of the meeting but not the end of submissions.

Written submissions should be sent to the Legacy Holdings address below:

Email: bicon@zamnet.zm
Postal Address: 4 Omelo Mumba Road, Rhodes Park, P. O. Box 39528, Lusaka.

When asked which consultants were conducting the EIA, the two private consultants, Mrs Njeri Kimani and Mr Jacob Chishiba were introduced.

They each gave their background training and experience and said that they were private consultants contracted by Bicon to conduct this EIA.

The consultants and Legacy Directors did not give the company name for consultants but simply insisted that they were private consultants.

The meeting, which had started late at nearly 10:00 hours, ended after 14:00 hours.