Monday, December 25, 2006

Magna Carta, Clause 31

Neither we nor our bailiffs shall take other men's timber for castles or other works of ours, witthout the agreement of the owner.

Friday, December 15, 2006

VICTORY FOR ZAMBIA

Dr Lewis Saiwana, the Director-General of the Zambia Wildlife Authority (ZAWA) yesterday informed the Chairman of the Livingstone Tourism Association, Nick Katenekwa, that the Tourism Lease Agreement issued to Legacy Holdings Zambia Limited for 220 ha. for 75 years in the Mosi oa Tunya National Park has been cancelled. Legacy will now revert to their 2 ha./5 year lease.

This is a massive victory for Zambia, for sense and sensibility, for democratization and the rule of law.

We now need to move positively forward to support ZAWA, the Livingstone City Council, the National Heritage and Conservation Commission and UNESCO in shoring up the management of the National Park. This will require the formation of a trust that will partner ZAWA in the Park's joint management. But in order for us to go forward a moratorium - pending the provision of a master management plan, must be imposed on any further developments.

Legacy must now throw its considerable weight behind ensuring a viable Park, and must be encouraged and assisted to seriously consider other potential sites for investment, both in Livingstone and in Zambia as a whole.

Thursday, December 14, 2006

ENVIRONMENTAL COUNCIL OF ZAMBIA PRESS RELEASE

ECZ DECISIONS ON ENVIRONMENTAL IMPACT ASSESSMENT REPORTS (EIAs)

The Environmental Council of Zambia would like to inform all
stakeholders, partners and the general public that in accordance with
the Environmental Protection and Pollution Control Act (Cap 204 of the
Laws of Zambia) Regulation 3 (1) of the Environmental Impact
Assessment (EIA) Regulations, Statutory Instrument No. 28 of 1997, it
has reviewed the following submitted Environmental Impact Assessment
reports (EIAs) for the developments outlined below. Based on the
information provided for the developments, site verification
inspection findings and input from authorizing agencies, ECZ has made
the following decision:

Proposed Construction of Mosi-Oa-Tunya Hotel and Country Club
Estate Project in Mosi-Oa-Tunya National Park in Livingstone by Legacy
Holdings Zambia Limited.

The site of the proposed Mosi-Oa-Tunya Hotel and Country Club Estate
Project is located about 9Km south of Livingstone Central Business
District along the Mosi-Oa-Tunya road and about 10 Km from the
Victoria Falls. The main entrance to the site is near the Bridge over
the Maramba river, the first notable bridge from Livingstone town
heading towards the Victoria Falls. The site covers a total land area
of 220-hectare site on Lot 14734/M along the Zambezi River in the
Mosi-Oa-Tunya National Park upstream of the Victoria Falls in
Livingstone, Zambia.

The development was proposed to include the following facilities:

a) A 5-star hotel called the Mosi-Oa-Tunya Hotel and Country Club with
approximately 280 rooms.

b) A 2nd luxury 5-star hotel called the Queen Victoria Hotel with
approximately 200 rooms will be built as part of phase 2 at the
confluence of the Maramba and Zambezi Rivers in the Mosi-Oa-Tunya
National Park (MoNP).

c) A 450 villa golf estate with an 18-hole golf course across the Maramba River

d) Support facilities at the country club shall include a clinic and
doctor's room for use by the guests, residents and members of staff of
the Mosi-Oa-Tunya Hotel.

e) An International Conference Centre to accommodate at least 1000 delegates.

f) An arts and crafts centre where Zambians will not only manufacture
and sell arts and crafts, but also produce and sell products for use
within the development by guests, i.e., fresh produce, fish, guests
supplies, etc.

ECZ has considered the Environmental Impact Assessment (EIA) report
submitted by Legacy Holdings and notes that the project, if
implemented in full, will have far reaching environmental consequences
and will cause permanent damage to the wildlife habitat and animal
corridor.

ECZ has therefore only approved the construction of the two hotels,
the Mosi-oa-Tunya and the Queen Victoria Hotel which MUST BE LOCATED
ON THE NORTHERN PART OF THE MARAMBA RIVER AND NOT ON THE SOUTHERN PART
OF THE RIVER AS PROPOSED IN THE EIA REPORT. The southern part of the
Maramba river is an ecologically sensitive area which supports
wildlife and is also a major animal corridor linking the park to the
wildlife areas in Botswana and Zimbabwe and should not be disturbed.
Further, this site has gazetted National Heritage sites that could be
lost permanently if any construction is done on the site.

ECZ has however rejected the construction of the Golf Course and the
450 villas. This is in view of the fact that the Park is too small to
accommodate these facilities without disturbing the ecological balance
of the area. The villas proposed to be sold to private persons would
turn the park into a permanent residential area with private dwellings
which is inconsistent with the park operations.

The golf course and the villas would take up huge tracks of land and
this will increase the animal/people conflicts as wildlife will be
restricted in their movements. This will pose great danger to people
who may come in close proximity with wild animals. This area allocated
for development is situated in a critical animal corridor that
provides the only formally protected natural faunal link between the
northern and southern portions of the park and will need to be
preserved to maintain the integrity of the Park

The construction of the two Hotels in the northern part of the Maramba
River will be subject to the following conditions:

i) No fencing of any kind such as the hippo fence and chilli fence for
elephants shall be put in place to allow free movement of wildlife.

ii) There shall be no introduction of exotic plants in the area
without written authorization from the Environmental Council of
Zambia.

iii) The buildings on site shall not exceed the tree tops and shall
not be visible from afar.

iv) All structures shall be painted in colours not so conspicuous as
to be out of natural blend with the surrounding environment.

v) The use of persistent organic pollutants is not allowed.

vi) Legacy Holdings shall improve the ecology of the areas by planting
indigenous plants to safeguard the wildlife and bird sanctuary areas.

vii) Only areas that are meant for construction shall be disturbed to
maintain the natural beauty of the area.

viii) All developments shall be located at a minimum distance of fifty
(50) metres from both the Maramba and the Zambezi Rivers.

Chinese news service announces Legacy decision...

Zambia rejects golf course construction in Victoria Fall area

Zambia has approved the construction of two hotels in Mosi-Oa-Tunya National Park but rejected a proposed golf course in the Victoria Falls area, the Environmental Council of Zambia (ECZ) said here on Wednesday.

In a statement, ECZ senior communications officer Justin Mukosa said that the proposed construction of a golf course and 450 villas in the park had been rejected because the park was too small to accommodate such facilities without disturbing the ecological balance.

The ECZ has further directed that the two hotels must be located on the northern part of the Maramba River as proposed by Legacy Holdings Zambia Limited because the southern part of the Maramba River was an ecologically sensitive area which supported wildlife and was a major animal corridor linking the park to the wildlife areas in Botswana and Zimbabwe.

Mukosa said the construction of the two hotels would be subject to specified conditions including no fencing of any kind around the premises to allow free movement of wildlife.

He said there shall also be no introduction of exotic plants in the area without written authority from the Environmental Council of Zambia.

Mukosa said among other conditions the buildings on site shall not exceed the tree tops and shall not be visible from afar adding that all structures shall be painted in colours not so conspicuous as to be out of natural blend with the surrounding environment.

Mukosa said ECZ is committed to promoting sustainable enterprises and development in the country in an environmentally sound manner and practice taking into consideration without compromising the needs of future generation.

Hot debates are going on in Zambia on the construction of two hotels and a golf course in the Victoria Falls area of the country.

Legacy Holdings Zambia has threatened to take the proposed 260- million-U.S. dollar-project away if it could not develop on the designated area.

The Zambia Wildlife Authority awarded Legacy a tourism concession agreement of a 220 hectare long lease to construct a golf estate containing two hotels, an 18 hole golf course, marina and 450 chalets in the Mosi-Oa-Tunya National Park, part of which is the Victoria Falls.

However, The United Nations Educational, Scientific and Cultural Organization (UNESCO) is concerned that Zambia and Zimbabwe had allegedly failed to follow recommendations on the management of the Victoria Falls as a world heritage site.

UNESCO commissioner Felistus Chiyanda said recently that the two countries failed to control the new tourism developments around the 30 km radius which was agreed in protocols relating to the management of the Victoria Falls.

Chiyanda warned the two countries to reverse the trend by ensuring that no more developments were put up in the restricted world heritage site radius or risk having the status given to the falls withdrawn by the UN agency.

Citizens for a better Environment executive director Peter

Sinkamba said that erecting the two hotels and golf course in the park would affect not only passage of elephants from Botswana and Zimbabwe, but also other animals in the game park.

"There is a danger that these animals would find another corridor, which may not be Zambia and this could ruin Zambian tourism," he said.

Tourism in Livingstone with entire infrastructure would be dead without animals and that this should be everyone's concern, he said.

Sinkamba urged the government to find another area to allow for the building of the hotels.

Elephants are mainly found in the falls area during the dry season when they cross over from Zimbabwe searching for food.

Those supporting the project also argued that it would create jobs, peripheral opportunity and service delivery.

Zambian side of Victoria Falls and the adjacent bank of Zambezi is called the Mosi-Oa-Tunya National Park. Victoria Falls is one of the seven wonders of the modern world and a world heritage site UNESCO declared in 1989 because of its scientific and tourism value

Tuesday, December 12, 2006

Dove carries note on doggy lease...

DOVE CHAMBERS
LEGAL PRACTITIONERS
Plot No. 4529
P.O. Box 39538
United Nations Avenue
Opposite Kenya High Commission
Cell; 260 97 789579/ 97 446085
Tell: +260-1-257450/ 257451 Fax: +260..1_257450
Email:dovechambers@zamnet.zm
LUSAKA .
Zambia


7th December, 2006.
Mr. Ian Manning
Postnet Box 245,
Private Bag E10
LUSAKA

Dear Sir,
RE: YOUR ATTACKS ON LEGACY HOLDINGS

We act for Legacy Holdings in the above matter and kindly note our interest.

For sometime now, you have personally ran a vicious and . malicious campaign against our clients, Legacy Holdings Group of Companies, here in Zambia, South Africa, United Kingdom and elsewhere. Initially, our clients perceived the campaign as that of an interested Environmentalist for the sustenance of the ecological system in the Mosi ¬oa-Tunya National Park.

Of late, your vicious campaign have turned personal towards the Legacy Group of Directors, Zambia Wildlife Authority officials, who legacy dealt with and to crown it all, the campaign has even been directed at Legacy Group Business world wide.

Our clients are in possession of the e-mails you have sent to Travel Agents and Tour operators all over the world where you informed your Mr. Tom Mushinge who is a brother of Mr. Renatus Mushinge of Legacy Holdings
Zambia has been fired. In your mail you alleged that, Tom Mushinge who was the Zambia Wildlife Authority official "who normally hands out doggy leases to investors for National Parks and Game Management Areas was linked to the Legacy lease purporting that the lease was "doggy" and obtained in a corrupt manner. You further stated that NAMAC is investing the Legacy Holdings Lease.

You have consistently labeled the Legacy project being born out of a corrupt arrangement with Zambia Wildlife Authority. At the public hearing in Livingstone on 11th November, 2007 you accused Zambia Wildlife
Authority officials of having been corrupted by Legacy. Our clients therefore, demand an immediate and unqualified retraction approved by ourselves of the malicious, libelous and scandalous allegations being perpetrated by yourself within 24 hours failure to which we shall institute vigorous legal process against you and your allies, to retrieve the image and credibility of our clients you seem so determined to destroy. -¬
Yours faithfully,
DOVE CHAMBERS




Advocates, Solicitors & Commissioners for Oaths F. Mwangala Zaloumis. LLB (UNZA), Dip. Soc. Work (UNZA), FZIP. Sarandos M. J. Zaloumis LLB (UNZA), Dip. Soc. Work

Ian Manning's reply to Bart Dorrestein memo...

11 December 2006


Bart Dorrestein
The Chairman
Legacy Group Holdings
Johannesburg


Dear Bart,

Thank you for your memo of the 5th, which caught me as I was leaving for Joburg.

As you rightly observe, my whole development vision is built around investment partnerships, rather than donor aid – the latter a continuing development retardant. My Landsafe Investment Model for protected and customary areas places massive emphasis on attracting investors to take up partnerships with local communities, government and NGOs, but within a trust structure. This model I have been implementing for the last four years in partnership with a community of 8000 or so villagers in the Luangwa – taking up where I left off in Zambia in 1975.

As coincidence would have it, I had at one time been negotiating with Nick Frangos and his American partner for a golf estate within that part of the Luangwa where I am working. However, this was in a Game Management Area – part of a customary area, and the land tenure arrangements were therefore different as no alienation was to be considered, unless the investors insisted as a sine qua non clause on ‘owning’ some land under leasehold similar to what you have in Mosi. But, of course the customary area is 460,000 ha. and not 6,000 ha, and it is not a National Park, or a World Heritage Site.

We desperately need your Group in Zambia, but not in Mosi under the present development plan. There is a group of us in Zambia who would put their shoulders to the wheel to clear a path for a viable investment for Legacy: we know the country intimately, its history, its wildlife and protected areas and could guide and assist you in going forward. If you would like to have a chat about these things I would be most happy to meet, even though your chaps in Lusaka appear to have sicked the dogs on me – though I have yet to see the legal note, confirming the impression I have had from the start, that Legacy Zambia have kept you fielding in the dark whilst dropping balls themselves.

Yours aye,
Ian

I.P.A. Manning
083 321 4406

GENERAL PRESS RELEASE FROM THE LEGACY GROUP

0712/zam1606/BD/ck
MOSI-OA-TUNYA – ZAMBIA


In response to the various submissions received from interested and affected parties on this project, we wish to clarify the following :-

Legacy will only proceed with this development with the necessary environmental approval of ZAWA and then only after consultation with UNESCO’s accredited representatives and ZAWA, to ensure that World Heritage status at the Victoria Falls remains intact.

The facts which are being reported in the market are wrong and should be thoroughly investigated first.


CORRECTING SOME FACTS

The Mosi-oa-Tunya National Park is a small park (6 000 hectares), which straddles both sides of Livingstone Town. It is bounded by a large local village on one side of the town. Our site, which covers 3% of the site area, is adjacent to 3 hotels, an airfield for microlites and Livingstone town and the national road between Livingstone and Zimbabwe and includes an existing 60 bed lodge.

The following resorts exist within the park on the southern side of Livingstone.

Sun International has 2 resorts – Royal Livingstone and Zambezi Sun right on the Falls, stretching for a distance of some 1,6kms up from the falls. The Royal Livingstone, which is an excellent 5-star resort, removed most of its riverine area.

Maramba Lodge is located within our site and is on the elephant corridor.

Waterfront – launch point for boats plus 2 new hotels are located directly to the north of the site.

All of these facilities are within the park and within an area which is designated as a tourist zone by ZAWA.

Wildlife, flora and fauna

There is no wildlife on the site at present, other then elephant which traverse the site, and hippo. We intend to reintroduce wildlife which was once endemic to the area.

The elephant corridor. The area is framed by Livingstone town and the village and in fact there is regular tension between the tribal village and the elephants. The elephants simply cross over from Zimbabwe and graze on the Zambian side of the river and return. This phenomenon happens at a number of convenient places upstream from the falls and generally occurs, from our observations, at a number of locations into the park area. We believe our development proposals will allow man and beast to mix without impacting on their habits, whilst enhancing the control of the Zambezi Riverine areas in particular and will negotiate with the relevant parties to achieve the optimal solution.

As you are aware, an over population of elephant in the region, Chobe and Zimbabwe, where they have destroyed thousands of acres of riverine area, has created a very difficult and complex problem for the environmentalists to manage and the environment is currently being severely damaged by the some 130 000 elephant which occupy the Chobe area.

There are clear indications on the site which is unfenced, from the main road of damage to the riverine areas along the banks of the Maramba River, which flows through the site, as well as the Zambezi frontage. The balance of the site is bushveld, comprising lower density treed areas with grassland. Present damage to the site is being caused by increasing elephant population, veld fires, the most recent of which was during the winter period, villagers chopping trees and picnickers.

The proposed golf course is being developed within the bushveld zone. The development of accommodation is being developed to blend into and form part of the existing environment on the side and covers some 8 – 10% of the land area. All reinstatement of vegetation and already damaged riverine areas will be done by specialists under the guidance of ZAWA.

Birdlife and flora and fauna on the site will, without a doubt, be enhanced by the development and game once evident in the park will be reintroduced. All pluses for the area and the environment.

We are endeavouring to have noise pollution from helicopters and microlites, which fly all day long over the falls, contained to prescribed times.

Economic Benefits

For those who are interested in evaluating these with us, we would be happy to review the “long term sustainable development” we are creating with you.

Legacy I am proud to say is not simply another “hotel chain” and are committed to create sustainable environments around all the developments we are involved in.

Suffice to say, there is an extensive commitment to a programme which supports all the needs of a development of this nature, all of which can be serviced through the local community.

Directly there would be 1 850 permanent jobs created with a further ± 10 000 indirect employment opportunities in areas such as farming, production of fresh produce, industry such as consumables including toilet paper, arts and crafts, bakeries, laundries, security, maintenance, game ranging, tourist guides etc. etc. The project potentially adds 150 000 tourists with an additional spend of US$ 500million per annum into the Zambian economy.


Somehow I do not believe the press and affected parties have the full picture and I suggest should they feel strongly enough they visit us and the site to review who we are and what we intend to do, first hand. I am hopeful however that the parties involved, UNESCO, World heritage and ZAWA are responsible and mature enough to make the correct decisions.

As happens in similar situations elsewhere, there are many locals and competitors, both in Livingstone and Zimbabwe, who have their own agenda and/or conflicting interest, who use the environment as a tool to protect their own self interest. These include competing hotel groups on both sides of the river, local expatriates developing their own golf estate, or who have a grudge against the government.

The real issue is –

Will the environment on the Zambia side of the Falls be worse off or better with this development? The authorities need to decide this outside of all other peripheral issues. We believe that the development could be a model for others to follow, one which sets the standard for how man and nature and wildlife can live together. Clearly the reason for the development is the Falls. Clearly too if we destroyed the environment, we would be destroying the very reason for our being there. Compared to what has been done on both sides of the river, our development, which is some 6 kms upstream of the falls and right on Livingstone’s border, will be the benchmark for others to follow. We are surprised to note that none of the other developments on the Zambian side seem to have been attracting any of the attention ours is. In itself a question!


Below, please find copies of relevant correspondence


Bart Dorrestein
Chairman
Legacy Hotels and Resorts International


0512/zam1406/BD/ck


MEMORANDUM


DATE : 5TH DECEMBER 2006

TO : IAN MANNING

FROM : BART DORRESTEIN

RE : MOSI-OA-TUNYA


Dear Ian

I have recently become aware of your Projects Africa programme which is focused on creating “integrated conservation and development projects” in Africa.

Your programme appears to be very similar to the one we are promoting as part of our community based employment and job creation programmes built around the capacity created by our developments. Our projects are not focused on “development aid” but endeavour to create sustainability supported by the “demand” our projects generate.

The Mosi-oa-Tunya development could be such a project and on my reading of it, meets most of your objectives.

Our lines of communication have always been open to discuss the proposed development and am saddened by the lack of preparedness on your part not to give both sides of the story in your reports, but to repeatedly argue the case against the development happening.

What happened with the Zambesi Sun and Royal Livingstone developments right on the Falls?, as they certainly, despite a classy colonial development, have removed all vegetation as well as the indigenous bushveld. Our development certainly endeavours to do the opposite.

Protect the riverine areas, reintroduce wild life to roam freely and enhance bird life and the existing flora and fauna by protecting it. Against which we will be building on ± 10% of the land area and creating some fairways within the area (± 15% of the land area), all of which will be within the indigenous bushveld area, (which incidentally a veld fire this year and humans and elephants are rapidly destroying).

Your article “Out There in Africa” certainly is thought provoking and a challenge to all of us. How we rise to that challenge is important. You are doing it by “word”, I am endeavouring to do it by “deed”. There are many Legacy’s across Southern Africa to our attempts at creating a better future for all South Africans.

One of which is to encourage the “haves” (rich) to help the “have nots” (poor) in the creation of sustainable mutually beneficial business always cogniscent of our responsibility, should we wish to continue to live on our planet, to educate the haves and the have nots to respect our environment and to create opportunities for all.

I hope this helps to put matters in a better perspective.

Yours faithfully
Bart Dorrestein

Wednesday, December 06, 2006

ZAWA to Legacy 11 March 06...permissiion given for extra land...


ZAWA to Legacy 23 Feb 06...

Kenneth Kaunda, Zambia's founding father, appeals to the nation...

TODAY, I join others in continuing to worry about some recent activities involving the environment. The state of ecological systems and the environment greatly affect human life. Our enjoyment of life, indeed, the continuation of life itself, depends on the health of the environment.

From independence, Zambia realised the importance of the environment. Institutions and laws were set up to support and protect the environment. I must say this is a continuous process and there are still many things that need to be done. We need to strengthen our action using various ways, from individual and family level to communities, the nation, the region, and the whole world The effects of abusing or poorly maintaining the environment are felt beyond communities and nations. Action in support of a healthy environment must therefore involve every one, all of us, all over the world. Besides concerns on issues of pollution as happened with water a few days ago on the Copperbelt, we must be involved in tackling various aspects of ecology and environment.
In Zambia, as we came into government at independence, we began to raise the voice of concern on many aspects. Throughout the time of our administration, we were concerned that, because of not looking after our environment properly, there might be problems of rainfall. We were concerned about the problem of poverty driving people towards cutting down many trees in order to produce charcoal. For some time now, this has been the source of income for some. Yet it has great effect on trees and natural life. We were concerned about pollution, such as we have had on the Copperbelt. This concern was about pollution of water and air. We were concerned about the quality of the soil as it was affected by human action. We were also concerned about wildlife, animal life and plant life. In our government, to deal with charcoal and deforestation, we decided to build factories that could produce brikettes. We approached the Japanese officials for assistance. We wanted them to work with us on the production of environmentally supporting briquettes. The idea was for the Japanese programme to eventually establish the briquette producing factories in various parts of Zambia. We would then sell the briquettes in many parts of the country. In this way, we would avoid the destruction of trees for charcoal. This project would also have provided a lot of jobs for people distributing and selling the briquettes. I believe this is still a practical way of helping save our environment.

Many problems have arisen, all over the world as a result of human beings not taking proper care of the ecology and environment. Only a few days ago, there were very strong articles in Zambia's media. The articles referred to strong positions on land being given to a firm called Legacy Holdings Zambia. Legacy Holdings Zambia wants to build hotels and a golf course. The problem has been that the land is being given in Livingstone's Musi O Tunya National Park. The area being considered is part of the United Nation's World Heritage sites. Some points made referred to the importance of Zambia going ahead with the Legacy project as it would give jobs to thou¬sands of people that are currently unemployed. It would increase the number of hotel rooms on the Zambian side of the falls. They say that a lot of money would be earned through increased tourist visitors.

Yes, it is true we need jobs as employment levels are now very low. All sides would value any type of project that brings in employment. We also need income from outside. However, it is important for us to examine the impact of various issues. I was naturally privileged to be first President of Zambia and we were very keen on creating jobs. We wanted our people to meet the basics of life. But, on another hand, we cannot, in any shape or form, start building hotels and other tourist attractions at the expense of the environment.

I understand that one of those urging the construction of the Legacy hotels in the area was a personal friend and colleague of mine. His Royal Highness Senior Chief Mukuni is a man I have great love and respect for. I understand that my senior chief has been supported by ZAWA, the Zambia Wildlife Authority. Again, I have love and respect for some work ZAWA has over the years been involved in. But I appreciate, very strongly indeed, UNESCO's stance on not building in the national park. UNESCO has threatened, should the building proceed, to deregister the site from being a world heritage site. Besides other aspects of wildlife and plants and the general ecological balance of the area, UNESCO and other conservationists have been worried about the effects that the construction of the Legacy project in the national park will have on elephants. When I was in government, for the reasons mentioned by UNESCO and others, we could not give that area for use of such hotels and golf course.

Elephants have used this part as their movement corridor. It is one of their home range areas. We cannot afford to cut that path into two.

I understand that Legacy Zambia was offered, from some few hectares, more space in June 2006. If it was another area, the proj¬ect might be welcome. But this project should not in any way interfere with what elephants have been used to as crossing areas. These elephants, which know no human borders, have been travelling in these areas for ages unknown. It is important not to disturb them.

I remember that when 1 recently went to Livingstone, I was told there had been some con¬flict between elephants and humans. The elephants had been angered by something and were creating problems for human settlements. We should fear that, if the Legacy project is allowed on, disturbance of the Musi O Tunya national park will lead to further conflict involving elephants and wildlife on one hand, and humans on the other hand. We have to avoid this. We have to find ways of living in harmony with natural life.

It was an understandable, argument when supporters of Legacy said that hotel accommodation in Zimbabwe is more devel¬oped than Zambia's. We accept that. But we cannot make progress through greatly disturbing animals and the natural environment. It also counters good tourism development. In fact, as has been pointed out by conservationists, environmentalists, and those, from all walks of life, including business persons, disturbing the national park will lead to the tourists we are trying to bring to actually not come to Zambia. When UNESCO and others campaign, as they have promised, to tourists worldwide against visiting Zambia, Zambia will be isolated and actually lose tourists.

Those supporting the disturbance of elephants and the ecology of that heritage site should note that UNESCO and many others equally strong are capable of doing what they are saying they will do should the Legacy Zambia project continue. They can effectively put Zambian designated tourists away from Zambia. I have no doubt at all that other areas can be found on which we could have Legacy Holdings Zambia establish itself to contribute to developing, through the resort they plan to make, the tourist industry.

Those of us who were privileged to grow up helping to develop tourism and wildlife in a scientific manner and taking care of both wild life and the land will tell my dear reader that there is a great area for human development. But you can develop if only you are able to look after the environment in a way where that environment will look after your wildlife. We therefore must take care of these important points mentioned about the environment.
I was fortunate enough to have worked with committed wildlife conservationists from where some of us learnt a lot. People like Norman Carr taught us why the points I am making here are important. Norman Carr could literally not allow any disturbance of our wildlife. Then there has been the artist David Shepard.

I learnt a lot from wildlife and environmental officers. And I learnt greatly from the communities I visited living around game parks and game reserves. I have learnt a lot from conservationists, environmentalists, and community members all over the world. I remember the times I have viewed elephants and wildlife. It has been wonderful. We were very attracted to elephants. You really enjoyed viewing those giants of animal life. That is why every holiday I had as head of state, I went over to the valley, watching elephants and other forms of wildlife. I have not been there for some time now. I miss those visits and I hope I will again start going there.

Jobs will grow if we look after our wildlife well. Jobs must not be at the expense of our wildlife and environ¬ment. Otherwise, we will lose a lot. I am sure that another place can be found for the Legacy Holdings Zambia project. There are other places that can work well for them and every one, including our ecology and environment.
I am, myself, a keen golfer would protest if asked to play at a golf course built at the expense of Musi O Tunya National Park and the environment. 1 believe there are many other golfers, local and international, who may refuse to play golf at such a controversial place.

The Legacy project has social, economic, and environmental implications we must carefully consider. Environment is a matter beyond political parties. It is a matter beyond just our generation. It is a matter beyond Zambia. This is a matter affecting the health of the earth itself.

It is good that already, many people from various groups are in agreement over the need to support the environment. I appeal to more people, from the ruling party, from the opposition, and all areas of human endeavour, to continue to get together to consider the common good. Truly, we need to consider the health of the environment. We need to consider the long-term implications of projects. We must avoid creating a legacy of environmental imbalance being passed to the future. We must be careful that we do not construct and maintain buildings, businesses, and industries at the expense of the environment. We must avoid harming the heritage of humanity. I appeal to everyone, from all walks of life, to get together and act for the environment.

The Post 'Lifestyle'. Sunday 3 December 2006

KK advises Government on Legacy Holdings..

By Nomusa Michelo
Dr Kenneth Kaunda has asked government not to allow Legacy Holdings Zambia Limited's proposed development of two hotels and a golf course in Livingstone's Mosi-oa-Tunya National Park. In an interview, Dr Kaunda said he had spoken with President Mwanawasa outlining his concerns on the project and the effect the project would have in the proposed area. "I have given my thoughts to the President that we should not do that, because that will interfere greatly with the movement of elephants in the area," said Dr Kaunda.

There has been a lot of controversy surrounding the Legacy project, which has received objections from various people and sectors on its proposed location. During a recent public hearing held by the Environmental Council of Zambia (ECZ) for the Legacy Holdings Zambia Limited's proposed development of two hotels and a golf course, there were strong objections to its location. The discussion was highly charged as opposing sides turned emotional, prompting riot police to take position.

Legacy was awarded the Tourism Concession Agreement by the Zambia Wildlife Authority (ZAWA) to establish a golf estate containing two hotels, an 18-hole golf course, marina and 450 chalets a little upstream of the Victoria Falls in the park. But the project brings a threat of de-registering the falls from the list of world heritage sues by the United Nations. Educational, Scientific and Cultural Organisation (UNESCO). UNESCO, supported by conservationists, has threatened to mount a world-wide campaign against Zimbabwe and Zambia by persuading tourists not to visit if the development is allowed. Arguments forwarded are that elephants in the park use the proposed project area as their movement corridor, which is an essen¬tial part of their home range. The park would cut the park into two, and that it would severely damage plans for the Kavango Zambezi (KAZA) Transfrontier Conservation Area, one of the most ambi¬tious elephant conservation plans.
Legacy Holdings Zambia chairman Jacob Sikazwe said Legacy had initially tendered for two hectares that had been advertised by ZAWA but later applied
for more land and was awarded 218 more hectares in May 2006. Legacy feels that in comparison with the neighbouring country Zimbabwe, the Zambian side is far less developed, a fact that is seen to enhance the visitor experi¬ence in Zambia. With the opening of other international and local lodges in Livingstone, there are now slightly over 1,000 beds available on the Zambian side as compared to 3,000 beds on the Zimbabwean side of the river and this project, with an estimated 1,900 rooms, could make Zambia compete favourably with Zimbabwe. The project estimates that it will employ 2,000 permanent workers once completed. Legacy feels that the development of the site aims to position Zambia, Livingstone and Victoria Falls as a leading tourist destination and create critical mass for Zambian eco-tourism.
And two weeks ago, tourism min¬ister Kabinga Pande said he will wait for the outcome of the Environmental Impact Assessment (EIA) of the Legacy Holdings hotel project before issuing the government's position on the project.


The Post, 3 December 2006

Tuesday, December 05, 2006

One investor to another..

Dear Richard,

During our recent talk in Livingstone it was clear that you welcomed Legacy, but had some doubts yourself about them building on the site. I did not find your position totally unreasonable as all of us would welcome Legacy and other developers to the Livingstone area, provided that they did not impact negatively on Livingstone, on the Mosi oa Tunya National Park, on the Vic Falls World Heritage Site, or on anywhere else, and provided that they were street legal. You had an opportunity to speak at the public hearing and have had ample opportunity to cogently put forward your views for public consumption and to the Environmental Council (ECZ). You did put your views to me, but not, as far as I am aware, to the media or to ECZ. Here follows what we wrote to each other:

Friday 10 Nov Email from Richard S. to Ian M
I have read the full EIA report. There is a down side as with all development. But there are huge upsides. The crunch is, can legacy develop a site that destroys the environment, clearly their product would be non viable if this were the case. Also we look at the golf course at Elephant Hills and Mwana and see how they fit into the environment and have enhanced it.

11 August Richard S. to Ian M
As an interested party I would like to highlight some of the positive and negative impacts of the Legacy development
Please feel free to pass this on.

1) With the right planning and approach the hotel development could be undertaken with out enormous prejudice to the local environment. We can see a very similar development in Kasane with Mwana lodge.
2) The area downstream of the Maramba has no access for Humans at all. The area upstream is little used due to difficult access and a high crime rate. Therefore the loss of access to the river should not be a major concern. There is no boat launch site in this area.
3) There is justified concern about this being one of only two crossing points for the elephants and this development would block this unless well planned. However would the Elis find a new crossing. I am sure that we have precedence for this somewhere.
4) As can be seen from the attached plot the land away from the river banks is very dry and has no large trees that would need felling.
5) This development would give Livingstone the critical mass which it does not have at the moment thus opening up the area for serious tourism and protecting the Zambian side against a re-emergence of the Zimbabwean side.
6) This development will create a large number of very badly needed jobs in an area with a high unemployment rate.
7) The taxes and levies applied would help to uplift the livingstone area.
8) The advertising produced would have a seriously positive effect on Zambian Tourism.
9) The potential loss of world heritage status needs investigation.
10) There would be a very positive impact on many marginal tourism businesses in the area.
11) There seems to be concern that this development will have a negative effect on the park in general. However as pointed out earlier very few people ever go to this area and there will be no effect what so ever on the Zoological area of the park frequented by tourists.

Over all the positives outway the negatives by some considerable margin. I think you will find that the vast majority of people in the area are pro this development as long as the environmental impact is given the consideration that it deserves.

13 August Ian M replies to Richard Sheppard
Richard, I will defer to Margaret Whitehead on your points as I don't know the area very well, having only worked in the Zoological Park in '67 when translocating eland there. However, I do understand that we will now have one united Park, which changes everything in terms of its biodiversity status and the benefits it could bring to all - not just the well heeled. Scientifically managed, this Park could maintain a very high carrying capacity for wildlife. Thus it is important that a consortium made up of the Livingstone Council, WECSZ, LTA actively seek a public private partnership with ZAWA in the Mosi-oa-Tunya National Park's management. This is ZAWA policy for its non-flagship (non-profitable) Parks and we now have a few parks running reasonably well on this basis, but in a few of the flagship Parks we need PPPs as well - particularly for Zambezi and Mosi. The new D-G of ZAWA, Dr Lewis Saiwana, has long been a firm supporter of PPPs and is now actively moving forward on this front. In customary areas, Chiefs have now accepted that there only hope for development lies in the establishment of Trusts in which the private sector and the District Councils, CRBs ... are partners, and where land is not alienated. Thus there is a national movement on the trust partnership front. In Livingstone there exists considerable expertise and enthusiasm for being part of the management and care of Mosi. The Park cannot be left to ZAWA alone to run as they don't have the capacity to manage the Park in the way it should be. It is just too valuable a resource to leave to Government. And they are asking for help; and it is a World Heritage Site - the responsibility of all to care for.
I differ strongly with the view that development must go ahead in the Park and that it is simply a matter of working with the developers to come up with an acceptable amelioration plan. Such an extensive development in the very heart of the Park must not be allowed - rightly having been refused on a number of prior occasions; but it would be most welcome outside the Park.

....................................

Richard, to “put an egg in a nutshell”, quoting our ex-Director of National Parks & Wildlife, the late Starr Yamba, the 220 ha./75 year Tourism Concession Agreement is illegal:
i) The concession was expanded from 2 ha. to 220 ha. for 75 years without going to tender and is therefore procedurally incorrect and subject to cancellation by the Commission for Investigations – to whom it has been reported
ii) The boundaries of the Park have not been changed to make the concession possible by statute
iii) The proposed development places ZAWA in default of its statutory mandate as laid down in the Wildlife Act of 1998: section 5(1) (a) and (c)
iv) The concession reduces the area of the National Park, contrary to Section 12 of the Act.
v) The fee of $9 million received by ZAWA for the area is therefore the price paid for the land i.e. the land was alienated from state land to leasehold without having the assent of Parliament and without the necessary re-gazetting of boundaries...
vi) The Zambian Government is in default of its obligations under the Convention governing World Heritage Sites
vii) The assent of the National Heritage and Conservation Commission, the Livingstone Town Council, the ECZ, and civil society, was not obtained
viii) the assent of the Zimbabwe Government was not obtained

On Friday 1 December the ZAWA official who normally hands out leases to investors for National Parks and Game Management Areas, Tom Mushinge, was fired. He, you will recall, is the brother of Renatus Mushinge of Legacy Holdings Zambia. NAMAC, the National Movement Against Corruption is investigating other dodgy leases handed out, as well as this one.

AND...

i) The Legacy EIA itself states that the development would remove all natural vegetation from the 220 ha. site and that it would cause ‘irreversible ecological destruction’; despite this it insists that the socio-economic considerations outweigh environmental impacts
ii) Despite being offered alternative sites on the river it states that if refused, Legacy will not build elsewhere

AND...

Here is what we know of UNESCO’s position

Times of Zambia (Ndola)

November 8, 2006
Posted to the web November 8, 2006

Edward Mulenga

ZAMBIA risks losing its increasing tourist inflow following UNESCO's growing threats to strip the
Victoria Falls of the status of world heritage site. This follows the failure by Zambia and Zimbabwe
to ratify protocols committing them to joint management of the world wonder. This came to light during a consultative meeting on the management of the falls held at Livingstone's New Fairmount Hotel on Monday.

According to the deliberations, the delay in signing Cabinet memos committing the Government to the undertakings of joint management of the Victoria Falls with neighbouring Zimbabwe would
compel the UNESCO to take a firm decision based on the laid-down punitive measures.

In her presentation to the meeting, UNESCO commissioner, Mulenga Kapwepwe, said the Victoria
Falls, which had put Zambia on the tourism world map, risked losing its world heritage status
because of the laxity to consider the protocols seriously.

She said Zambia was privileged to have 16 of its nationals on the UNESCO committee and needed to
show seriousness by ratifying the protocols. Ms Kapwepwe emphasised the need for action to
resuscitate the falls, which is deemed to be degenerating.

And Zambia National Commission for UNESCO representative, Felicitus Chinanda, said Zambia
and Zimbabwe had failed to effectively implement agreed protocols, among them, the 30-kilometre radius of the Victoria Falls. Ms Chinanda said the two countries had also
failed to control the mushrooming of new tourism developments around the 30-kilometre radius, a
situation that had resulted in the abrogation of the protocols.

ANOTHER ARTICLE...

Zambia faced with losing world heritage status of Victoria Falls: UN

LUSAKA, 11/24 - A United Nations joint mission to the Victoria Falls world heritage site has warned that Zambia`s failure to stick to the joint management of the falls and protection of the world heritage site will endanger the global recognition of the world wonder.

The mission team has also questioned the legality of erection of the Legacy Holding`s foundation stone in the area without consulting other stakeholders like Zimbabwe, Times of Zambia reported on Friday.

The mission, comprising the UN Educational, Scientific and Cultural Organization (UNESCO), World Heritage Center (WHC) and the International Union for Conservation of Nature (INCN), are inspecting the world heritage site both in Zambia and Zimbabwe and expressed concern that the two countries, despite committing themselves to the recommendations of 2002 on the joint management of the falls, even have not ratified the protocols, which has signified their lack of seriousness.

WHC deputy director Rao Kishore said on Wednesday in Livingstone, the capital of Southern Province of Zambia, where part of the falls is located, that the joint mission has decided to take stock of the state of heritage site.

The results of the joint mission`s findings and decisions on new developments in the heritage site will be announced soon. This is the third time this year that UN agencies warned the two countries over the management and protection of the falls.

Zambian side of Victoria Falls and the adjacent bank of Zambezi is called the Mosi-Oa-Tunya National Park.

Victoria Falls is a world heritage site UNESCO declared in 1989 because of its scientific and tourism value.

Admittedly these two articles don't say that UNESCO will cancel Zambia's heritage status, nor that it will mount a campaign, but it was reported thus elsewhere. I suggest you get hold of the minutes of the UNESCO meeting held in Livingstone, to which the public were not invited. Bu then minutes are a form of extreme censorship if not honestly written.
yours aye,
Ian

I.P.A. Manning
Steering Committee Member: Natural Resources Consultative Forum of Zambia

An investor in Livingstone suggests misinformation on Legacy...

Sent: Monday, December 04, 2006 9:38 AM
Subject: Re: The Times of London

As an Investor in Livingstone please let me comment on the legacy issue since it seems there is allot of misinformation. Firstly this is not a black white issue. Some local Europeans are against this project being built in a National Park, many are not, and welcome this development. This is also the case with the local Zambian population. It is agreed by all that we welcome the development. Only the site is contentious.

We hear that this development will wreck the park. This is not the case at all since the main Zoological part of the park will be totally unaffected, as will the falls area. We hear it will pollute the water and yet an open sewer floes into the Zambezi at the Maramba-Zambezi confluence and has done so for years. Legacy will have to stop this. This therefore should be seen as one of the many benefits of this project. We hear that
when the park is enlarged the game won't be able to move east and west, yet the Maramba river forms a natural barrier to most game movement. We hear that the golf course will have disastrous effects on the local environment, yet we see two local golf courses at Elephant Hills and Mwana that team with game.

We hear the World Heritage Organisation will de list the Falls and mount a would wide campaign to stop tourists coming to the Falls area. Where does this information come from?? I have been onto the World Heritage web site and can find no reference to this. Perhaps this is disinformation put out by vested interests in Zimbabwe? I am sure that the World Heritage does not have a mandate to campaign against a destination.

It should also be noted that the town of Victoria Falls in Zimbabwe has a population in excess of 30,000 and 5 large hotels within only a few kilometres of the falls. This has had no discernable impact on them. So we should be basing our arguments for or against this development on fact not hearsay or fiction. We should welcome the Legacy group to Livingstone, and work with them to make this development happen in an environmentally sensitive way that benefits all the people of this town and puts Zambia firmly on the would tourism map.

Richard Sheppard.
Managing Director.

Monday, December 04, 2006

ZAWA forced removals...

Tom Mushinge - former Financial Director (brother of Renatus of Legacy fame); and Gershom Chilakusha, former Director of Game Management Areas, to future parts unknown, on Friday 1 December 06

Kalaluka's petition to the Zambia National Assembley ...

TOLKAL CONSULTANTS
BOX 61242,
LIVINGSTONE.
Call: 097-479038
Email:namasiku@zamnet.zm
20th November 2006

The Clerk of the National Assembly
National Assembly
Parliament Building
Box 31299, Lusaka.

Dear Sir,
RE: NATIONAL ASSEMBLY PETITION OVER 220 HECTARES LEASE OFFER BY ZAWA IN MOSI-OA-TUNYA NATIONAL PARK

I refer you to the above subject matter. Following the offer of a 75 years lease of land amounting to 220 hectares to Legacy Company by ZAWA, in the Mosi-oa-Tunya National Park, investigations and observations have shown that many legal requirements of different Zambia laws have not been followed. In addition, many requirements expected of the developers have been either flouted or over-looked. At the same time, ZAWA has omitted other procedures required of it to do prior to offering such big land (3%) to one investor.

Since the total disregard by ZAWA and Legacy has evidently shown that some procedures were not followed and that the Environmental Impact Assessment (EIA) report was inadequate, left many other issues and failed to identify and address the expected negative impacts comprehensively. I am hereby petitioning the Zambian Parliament through you to thoroughly investigate this lease of land urgently before many lives; property and crops are destroyed further.


I am also asking that I be a witness when the committee on Energy, Environment, Water and Natural Resources will sit.

Having gone through the EIA, I am sure that many things need to be addressed and that the path taken by ZAWA need to be corrected before we see many of our parks sold or unjustifiably encroached.

I am writing from a perspective that is as a concerned citizen, an informed and affected Livingstone resident, conservationist and a wildlife and environmental consultant.

The following are some of the reasons, which have compelled me to petition parliament and seek redress through the August House
1. No tender procedures were followed in awarding a further 218 hectares of the 220 hectares of land in the park.
2. On Saturday 29th July 2006, the then Vice President laid a foundation stone when this area was still subject to approval by the Environmental Council of Zambia (ECZ). This is not the procedure but intimidating ECZ and the public that Government had already officially accepted and it was a done deal.
3. Inadequate consultations, the onus is on ZAWA to consult as many stakeholders, affected, interested and concerned parties. This step was not done thoroughly resulting in many of the stakeholder not fully aware of the project except through the press.
4. A scoping meeting which was meant to explain the full extent and nature of the project Legacy Company was going to do was turned to be a muscles flexing event as ZAWA openly did not want to be asked why it did not consult others prior to giving the 220 ha to Legacy. Finger pointing, intimidation and single handlyness by ZAWA was evident as their Director General openly said ZAWA did not need to consult anyone as they were the principal managing agent of wildlife resources.
5. A public meeting of the 11/11/06, which was supposed to be a forum where those who had read through the EIA were suppose to submit their concerned was turned into a political rally with MMD cadres from Zambezi ward were ferried to the site. Those who had genuine submissions were intimidated by some drunken youth & racist remarks were used. The whole meeting was turned into a question and answer in full view of officials from ECZ.
6. ZAWA abrogated its own laws and regulations by allocating such big land in an area where such developments were supposed to be very minimum. ZAWA has NO approved General Management plan for the park where they would have been guided on types of use and limits of accepted use.
7. What is the rationale behind having one of Legacy Director as a team leader for the consultants? This can be a source of compromise in the EIA process.
8. The EIA is not comprehensive document, it has failed to bring many ecological impacts let alone provide practical mitigations.
9. What justification is there for ZAWA to offer to one investor 3% of the total park and 15% of the river frontage, at the expense of other well deserving users?
10. Why are the public denied the only public access area in the park without an alternative.
11. Legacy’s EIA clearly states that there will be irreversible negatives impacts like the total cutting of indigenous trees and others. Why should we lose this viable area when the developers can clearly tell us about the magnitude and extent of the negative impacts?
12. The area/ Land in question is within the 30 km radius of Zambia’s only World Heritage Site the Victoria Falls. Zambia is a signatory to many international laws and by giving this land without consultations at international levels means Zambia is abrogating these laws. UNESCO in whose classifications and management guidelines are drawn have indicated in no uncertain terms that they will down grade the Victoria Falls and further decampaign Zambia as unenvironmentally friendly tourism destination. Neither ZAWA nor Legacy can cushion Zambia against such isolation from international communities.

In view of these reasons, I feel justice must be done by the August House giving my concern a thoroughly review and further investigate before we allow development that may even take away our own sources of livelihood. I agree in principle over the employment that will be created (2000 jobs) when in operation, however I feel pity for the local community of Mukuni. They are being used as those to be employed yet experience with Sun International Hotels shows that Mukuni residents are the one doing casual jobs, no one from Mukuni has a managerial job. The area given is a very sensitive ecological site, with significant importance to the sustainable management of the Victoria Falls. If given out therefore it will have very negative impacts & strain Zambia’s relations with Zimbabwe and concerned International community and their institutions.

As a concerned Zambian I feel these issues must be addressed before disregard for both local and international laws becomes on accepted culture.

I look forward to appearing at the committee’s deliberation of my submissions

Yours Faithfully,


Kalaluka Namasiku Mulyokela
Concerned Citizen/ Conservationist
Signed

C.C. Chairman (Energy, Water & Environment Committee)
C.C. Hon. Sikota Sakwiba L/stone Area MP
C.C. Hon. Regina Musokotwane MP, Katombola
C.C. Hon. Major Chizhuka MP, Namwala (Indigenous People Rights Association Chairman)

Call for hotel group boycott by David Browne,eTN London

Safari tour operators are calling for a boycott of a South African hotel group, over plans to build a luxury resort in a national park. UNESCO says the development is irresponsible.

The British tour operator, Tribes, which specializes in fair trade travel has called for a boycott of the Legacy Hotels group of South Africa. It’s protesting against the development of a new resort in Zambia close to the renowned Victoria Falls and the town of Livingstone.

Legacy Hotels, based in South Africa, is planning to build two luxury hotels, 500 river-front chalets, a country club and a golf course in the Mosi-oa Tunya national park, a UNESCO World Heritage site. The resort will also have a conference centre and related services for up to 1,000 delegates

“We think that a campaign to stop this development should begin before it gets underway, and the prime elephant habitat on the banks of the Zambezi is bulldozed ready for such a travesty," said Director of Tribes, Amanda Marks. “We very much hope that Legacy will think again about their plans here, and make the right decision based on ethics and preservation of a World Heritage Site, rather than simply on money. Certainly it would be good for Zambia to have the income and jobs which such a development would bring, but does it really need to be in Mosi-oa-Tunya National Park?”

Mosi-oa Tunya National Park is one of Zambia’s greatest natural assets. It includes Victoria Falls – one of the seven natural wonders of the world - as well as a fragile and hugely important area of riverside rainforest, woodland and grassed areas, plus a section of the Zambezi River from 5km below and 35km above the Falls. There are about 400 bird species in the National Park and 30 species of large mammal. It is environmentally and scientifically extremely important. The resort development would block a vital wildlife corridor through the national park, according to campaigners.

Whilst the Zambian government have given Legacy a tourism concession here, UNESCO has told the hotel group that their planned development would be “irresponsible” and that they would mount a worldwide campaign to discourage tourists from visiting the area. Legacy themselves have apparently admitted that the development will cause “irreversible ecological damage”.

Tribes is a specialist UK tour operator which works on fair trade and responsible travel principles. The company offers tailor-made holidays to Africa including Zambia and South Africa, South America and parts of Asia. They were the Global Winners of the Responsible Travel Awards in 2005 and the Tourism for Tomorrow Awards in 2002.

It says it has support for the boycott of Legacy from other fair-trade and ecological tour operators, including Expert Africa, Rainbow Tours, Dragoman, Okavango Tours & Safaris, Aardvark Safaris and Wildlife Worldwide.

Legacy Hotel Group is a South African company with a portfolio of luxury hotels, resorts and bush lodges in various countries including South Africa, Namibia, and Tanzania. Their flagship hotel, the Michaelangelo is recognised as one of the Leading Hotels of the World.

The Wildlife and Environment Society of Zambia has raised its concern about the impact of the Legacy development and Legacy’s admission that the project site will have all its natural vegetation removed, causing irreversible ecological damage.

David Gleason, former Chairman of WECSZ, slates Legacy in his weekly column..www.gleasontorque.com

Anything for money
4 December 2007

Readers will recall that I wrote some months ago about the travesty being visited on the Victoria Falls and Mosi-oa-Tunya National Park by Bart Dorrestein and his Legacy Hotels Group. He brushed this aside in a particularly one-sided radio interview.

But it hasn’t gone away. In fact, it has escalated. The London newspaper The Times carried the story under the headline “Victoria Falls hotel fury” (December 2) and highlights concerns expressed by UNESCO’s World Heritage Committee. It met two weeks ago and is expected to issue a statement after the Zambian government makes its own position known, expected to be around December 15. Unless there is a sharp reversal of the policies the Zambians have pursued, the chances must be good that the much-prized and long sought after World Heritage status will be removed.

What exactly is at stake here? The Mosi-oa-Tunya National Park is tiny. It is about 6km from the main Victoria Falls and falls across pathways traditionally used by elephant herds on their way to the river. The Park has World Heritage status.

Dorrestein and Legacy plan to build two five-star hotels on 220ha of park land, along with a golf course and 400-odd cluster homes. Offered land further away, they turned down the alternative.

An Environmental Impact Assessment study has been carried out by Legacy. Guess what – it was headed by one R Mushinge, a director and shareholder of Legacy (I presume Legacy’s Zambian company). Mushinge also happens to be the brother of the Zambian Wildlife Authority (ZAWA) official who issued the lease to Legacy. Intriguingly, the EIA says bluntly that the natural vegetation on the 220ha site will be removed and that there will be “irreversible ecological damage.”

What kind of crap is this? I really do not understand how Dorrestein can lend his name and that of his company to dealings of this kind.

Little wonder then that The Times reports that seven UK African specialist travel companies and organisations have signed up to a boycott of the Legacy hotel chain. “The travel industry must get together to protest,” said Amanda Marks, MD of Tribes [a specialist African travel company]. “If we do not, it will set a dangerous precedent in Africa.”

The Times reports that a number of tour operators are refusing to send clients to Legacy’s 21 African properties. According to Andrew Anderson of travel firm African Insight, quoted by The Times: “We cannot support the principles of responsible tourism and still be seen to be doing business with the Legacy Group.”  

It is the relationship between Legacy and the Zambian wildlife institution ZAWA that needs to be investigated. In fact, what has been happening in Zambia is nothing short of a maelstrom of ineptitude, incompetence, inefficiency and corruption.

Between 1973 and 2002 more than 20 000 rhino were killed for their horns. That’s almost the country’s entire rhino population. Between 1994 and 2002, when millions of dollars were being invested by donors in conservation projects and the Norad-funded Luangwa Integrated Rural Development Project, about 23,5 tonnes of ivory – that’s 14 600 dead elephants by the way – were smuggled through Malawi and South Africa to Singapore. ZAWA, whose job is to protect and preserve the country’s natural wildlife, cannot, or so I understand, account for the department’s finances.

Dorrestein, who had the bald nerve to tell a Zambian public meeting that he likes to leave a lasting footprint, might like to consider just what kind of footprint this will be. I am particularly sad that a South African company, whose executives should know better, have allowed the greed motive to overwhelm them to such a degree.

It’s a disgusting story.

"Ikona!" say KK

UPDATED: 08:18, December 04, 2006

Zambian former president opposed to planned tourism project in Victoria Falls

Zambian former president Kenneth Kaunda is opposed to the planned tourism project in Victoria Falls, Sunday Post reported.

The local newspaper quoted him as asking the Zambian government not to allow Legacy Holdings Zambia to construct a golf estate containing two hotels, a 18 hole golf course, marina and 450 chalets in the Mosi-oa-Tunya National Park, part of which is the Victoria Falls.

In an interview recently the 82-year former president said that he has when talking with President Levy Mwanawasa outlined his concerns on the project and the effect the project would have in the proposed area.

"I have given my thoughts to the president that we should not do that, because that will interfere greatly with the movement of elephants in the area," he said.

There has been a lot of controversy surrounding the 260 million U.S. dollars project, which has received objections from various people and sectors.

The Zambia Wildlife Authority (ZAWA) awarded Legacy Holdings Zambia a tourism concession agreement of a 220 hectare long lease in the park in Livingstone, capital of Southern province.

The opponents said elephants in the park use the area as their movement corridor, which is an essential part of their home range. The project would cut the park into two, and that it would severely damage the plan for Transfrontier conservation area, one of the most ambitious elephant conservation plans.

Legacy Holdings Zambia has threatened to take the proposed project away if it will not be developed on the designated area.

Legacy feels that in comparison with Zimbabwe the Zambian side of the Victoria Falls is far less developed, a fact that is seen to enhance the visitor experience in Zambia.

In Livingstone there are now slightly over 1,000 beds available compared with 3,000 beds on the Zimbabwean side.

The planned project with an estimated 1,900 rooms, could make Zambia compete with Zimbabwe, said the company.

However, The United Nations Educational, Scientific and Cultural Organization (UNESCO) is concerned that Zambia and Zimbabwe have allegedly failed to follow laid down recommendations on the management of the Victoria Falls as a world heritage site.

UNESCO commissioner Felistus Chiyanda said recently in Livingstone that the two countries have failed to effectively implement agreed protocols relating to the management of the 30 km radius of the Victoria Falls.

She warned the two countries to reverse the trend by ensuring that no more developments are put up in the restricted world heritage site radius or risk having the status given to the falls withdrawn by the UN agency.

Those supporting the project argued that it will create jobs, peripheral opportunity and service delivery.

Two weeks ago Tourism Minister Kabinga Pande said he would wait for the outcome of the environmental impact assessment of the project before issuing the government position on the matter.

Zambian side of Victoria Falls and the adjacent bank of Zambezi is called the Mosi-Oa-Tunya National Park.

Victoria Falls is one of the seven wonders of the modern world and a world heritage site UNESCO declared in 1989 because of its scientific and tourism value.

Directions: Golf resort hits rough

The Sunday Times (London)
December 03, 2006

A group of British tour operators is urging a boycott of a hotel group in protest against the planned construction of a luxury resort complex at the Victoria Falls World Heritage Site in Zambia.

The South African-based Legacy Hotels Group, which owns five-star hotels, safari lodges and bush camps in Africa’s most popular safari destinations, has admitted that the vast 18-hole golf resort, comprising two hotels, 500 chalets and a country club in an important elephant habitat on the banks of the Zambezi, will cause “irreversible ecological damage” in the area.

Unesco has told the company that the development is “irresponsible” and has promised a worldwide campaign to discourage tourists from visiting the area.

The British safari operators Expert Africa, Rainbow Tours, Dragoman, Okavango Tours & Safaris, Aardvark Safaris and Wildlife Worldwide have pledged to support the boycott, proposed by the ecotravel specialist Tribes.

The director of Tribes, Amanda Marks, said: “We think that a campaign to stop this development should begin before construction gets under way and the prime elephant habitat on the banks of the Zambezi is bulldozed.”

Saturday, December 02, 2006

The Times (UK) ...

December 02, 2006

Victoria Falls hotel fury
Richard Siddle


A plan to build a huge resort in a tiny Unesco national park is causing widespread anger.

BRITISH tourists are being urged to boycott a South African hotel chain over plans to build a multimillion-pound resort in a protected area near the Victoria Falls.

Legacy Resorts & Hotels International, the luxury African hotel chain, was handed a contract by the Zambian Government to build what will be a £136 million, 450-room hotel complex and golf course on Unesco-protected land in the Mosi-O-Tunya National Park, 6km from the falls.

Unesco’s World Heritage Committee has already expressed its concerns to the Zambian authorities over what it sees as the level of “uncontrolled, urban development, pollution and unplanned tourism development” in the protected park.

British and African tour operators are petitioning fellow companies to boycott the hotel chain if the deal goes ahead.

A final decision based on the developers’ environmental impact assessment is expected by December 15.

UK African specialist travel companies, including Tribes, Expert Africa, Rainbow Tours, Okavango Tours & Safaris, Aardvark Safaris, Dragoman and Wildlife Worldwide, have signed up to the boycott.

“The travel industry must get together to protest,” said Amanda Marks, managing director of Tribes. “If we do not, it will set a dangerous precedent in Africa.”

Roger Diski, managing director of Rainbow Tours, said: “It would be a disaster if it goes ahead. If you put that number of people into that kind of resort in that area the pressure on water and services would just be too much.”

John Spence, director, of Aardvark Safaris, said: “The national park is the size of a postage stamp. It is the only place in Zambia where you can see rhino, so to build a huge hotel there seems utter madness. It is important we bombard the Zambian Government and let it be known how strongly we feel about this.”

British operators recognise the economic impact a hotel of this size could have in terms of jobs, but are urging Legacy to look at alternative sites outside the protected national park.

“We are not against development per se. It is just we do not want the Victoria Falls area to be spoilt,” Diski said.

“We are not saying, don’t build at all, just could it be built successfully outside the protected area. If it can then it makes a nonsense of this proposal,” said Dick Sisman, the Association of Independent Tour Operators’ responsible tourism adviser and a member of the World Commission for Protected Areas.

A number of tour operators in Africa are also refusing to send clients to Legacy hotels’ other 21 African properties, according to Andrew Anderson, director of operations at travel firm African Insight. “We cannot support the principles of responsible tourism and still be seen to be doing business with the Legacy Group,” he said.

Legacy says that it is working with the Zambia Wildlife Authority and Zambia’s National Heritage Conservation Commission (NHCC) on a project that will create 3,000 jobs and bring in 300,000 extra tourists.

Legacy refused to comment directly and instead referred The Times to an NHCC statement that the development will comply with “both national and international environmental guidelines for such an ecological and culturally sensitive site”.

THE VICTORIA FALLS AFFAIR: A SUMMARY

The Zambia Wildlife Authority (ZAWA), a statutory body responsible for wildlife and National Parks under the Ministry of Tourism, Environment and Natural Resources (MTENR), this year issued Tourism Concession Agreements (TCA) for the Mosi-oa-Tunya National Park, which falls within the United Nations Education and Scientific Organization (UNESCO) sanctioned Victoria Falls World Heritage Site. One of these, a 2 ha. site on a 5 year lease – a normal agreement, was issued to a Zambian company, Tourism Investments Ltd. This lease was later expanded on the amalgamation of Tourism Investments with Legacy Resorts & Hotels International, spawning a subsidiary, Legacy Holdings Zambia, into a 220 ha./75 year TCA, on the strength of plans to invest $200 m in a golf estate comprising an eighteen-hole golf course, two hotel resorts, a club house and marina, and 500 chalets. For this ZAWA were paid $9 m (75% of their current income) and promised an annual fee of $2 m thereafter. On Saturday 29 July, the Vice-President - in the State President’s name, laid the foundation stone .

This lease was issued without going to tender and is therefore procedurally incorrect and has been reported to the Commission for Investigations and the National Movement Against Corruption (NAMAC). The latter have stated that i) the boundaries of the Park have not been changed to make the concession possible by statute, ii) the proposed development places ZAWA in default of its statutory mandate as laid down in the Wildlife Act of 1998: section 5(1) (a) and (c) and, iii) the concession reduces the area of the National Park, contrary to Section 12 of the Act. A Director of Legacy, Renatus Mushinge, is the brother of the Financial Director of ZAWA, Tom Mushinge, whom it is believed orchestrated the necessary permission. The Chairman of Legacy Holdings Zambia, J.J. Sikazwe, is also Chairman of the private sector organization, the Tourism Council of Zambia, the Chairman of the Citizens Economic Empowerment Commission (CEEC) appointed by the President, and a member of the Zambia International Business Advisory Council. The Livingstone development is considered to be the first black empowerment investment under the new CEE Act of 2006.

Development had therefore begun despite the rejection of the initial project’s environmental impact assessment (EIA) by the Environmental Council of Zambia (ECZ), the objections of the local ZAWA and National Heritage Conservation Commission office – who have joint responsibility for the Park, and no application made to the Livingstone City Council, or consultations of any kind carried out with the Natural Resources Consultative Forum of Zambia (NRCF), with the tourism industry, with civil society in general or, most seriously of all, UNESCO.
Legacy Holdings finally submitted an EIA, a 360 page document which stated (sic) that i) the development would remove all natural vegetation from the site and that it would cause ‘irreversible ecological destruction’ to the 220 ha. area, but that ii) the socio-economic benefits outweighed environmental impacts, and iii) despite being offered alternative sites on the river that they would not build elsewhere.

UNESCO visited Livingstone and declared that if the development went ahead that they would cancel the World Heritage status, not consider applications on other potential sites, and would conduct a world-wide campaign to discourage visitors to the 30 km radius area which encompasses Victoria Falls town in Zimbabwe, and Livingstone and the Mosi oa Tunya NP in Zambia. Later the Chairman of the Zambia National Tourism Board declared that this was not a serious issue.

The Environmental Council of Zambia has stated that a decision will be made on the development by 15 December. However, UNESCO have let it be known that they cannot make a decision until they receive the “State of Conservation” report by Zambia, due by 1 February 2007. Only then will they make recommendations as to the management of the Park. Currently some tourism operators in England and South Africa have started a boycott of the Legacy Group; and there is mounting opposition from Zambian NGOs and the people of Livingstone.

The Wildlife Environment & Conservation Society (WECSZ) of Zambia, Livingstone Branch, state that the development would cut the Park in two, would destroy prime elephant and wildlife habitat and would negate present plans to establish a five-nation transfrontier conservation area.

EXPERT CONTACTS:
Nick Katanekwa: Chairman Livingstone Tourism Association
Kalaluka Mulyokela: Ex-ZAWA, Wildlife Consultant, Livingstone
Margaret Whitehead: Former long-serving Livingstone Council member
Sakwiba Sikota: M.P. for Livingstone.

To contact the above, forward mail to gamefields@zamnet.zm and it will be forwarded to them

Friday, December 01, 2006

An important article is repeated by a major citizens' group ...

Zambia: CBE Vows to Bar Legacy Zambia

The Times of Zambia (Ndola)

November 13, 2006

THE Citizens for Better Environment (CBE) will obtain an injunction to restrain the Legacy Zambia Holdings Group from constructing two five-star hotels and a world class golf course in the Mosi-O-Tunya National Park if it is allowed to go ahead.

CBE executive director, Peter Sinkamba, said in Livingstone on Saturday during the public hearing of the Legacy Group's Environmental Impact Assessment (EIA), that the document had several legal flaws which needed to be corrected to be approved by the Environmental Council of Zambia (ECZ).

The CBE would, therefore, seek legal intervention in the matter.

"Chances are that ECZ will reject the EIA , but in the event that it was approved, we, as CBE, will go to court and obtain an injunction until the required steps are taken," Mr Sinkamba said.

He said according to the 1997 environmental regulations, Legacy should have addressed the issue of two other alternative sites before preparing the EIA in line with the Environmental Protection, Pollution and Control Act (EPPCA) regulation 8 and 9, which also provided for public disclosure.

Apart from failing to provide for alternative sites, other stakeholders, the Zimbabwean government and UNESCO had not been included in the process, which raised serious concerns.

Zimbabwe and UNESCO are key stakeholders because the area in question was part of the world heritage site.

And Legacy Holdings Zambia chairman, Jacob Sikazwe, said his organisation did not get the land free but paid $9 million in concession fees to Zambia Wildlife Authority (ZAWA).

Mr Sikazwe said it was not fair for people like former Lusaka Province minister, Sonny Mulenga, to mislead the public that Legacy got free land.

Mr Sikazwe said the ZAWA-Legacy transaction was public following its successful bid for the land which was advertised for tourism development in 2004.

And Legacy legal counsel, Mwangala Zaloumis, said the group had actually paid more fees to ZAWA than Sun International because it came after ZAWA had adjusted the fees upwards.

She said apart from the $9 million concession fees, ZAWA would be paid $2 million every year.

Mr Mulenga had earlier questioned the allocation of land to Legacy saying it lacked transparency.

"Don't be cheated, they are here for money and nothing else, there must be transparency in these deals," he said.

And Livingstone Tourism Association (LTA) chairman, Nicholas Katanekwa, said the community was not against the project, but the site was wrong.

He said despite the projected increased tourist inflow of 150,000 in three years and booming economy for Livingstone, costs relating to provision of social facilities and maintenance negated that.

He wondered why UNESCO, National Heritage Conservation Commission (NHCC) and Zimbabwe had not been consulted during the process.

The Mosi-O-Tunya National Park, where 200 hectares of land had been given for the construction of hotels, is part of the world heritage site, where further construction has been forbidden.

Mr Katanekwa, a former NHCC executive director, outlined the dangers of the project to the heritage sites and the ecological system and advised Legacy to look for alternative land.

He said the hotels would be empty if the falls dried up and tourists stopped coming.

"The statement has not addressed these adverse impacts which will actually threaten profitability of the same Legacy Hotels as well as the entire tourism industry if not addressed. Wilderness value is what attracts tourists to the falls, not hotels. If it is lot, most say they will not come back or recommend the falls to others," Mr Katanekwa said.

The Post has a go...

Legacy Holdings controversy
By Boyd Chikoli

Thursday November 16, 2006 [04:00]

Much ado about nothing is what I would call the public hearing held in Livingstone on Saturday 10th November at the Legacy Holdings site. As I drove to the site, I looked at the foundation stone which former vice-president Lupando Mwape laid on behalf of the President. I then turned towards the site near Maramba River and was greeted by a horde of vehicles parked at the site. Finally I arrived where the hearing was being held and listened to the deliberations going on. One thing became clear. This was not going to be fruitful meeting. Cadres had been brought on both sides and every time a speaker spoke for or against the project, there were huge cheers. What captured my attention though was that presentations for the project were from black Zambians while the whites are against the project. They bemoaned the fact that they would no longer be able to hold picnics and see the Maramba River. They were not bothered about the poverty levels and that indigenous Livingtsone residents do not have time to idle away looking at nature when they have hungry stomachs to think about. I wondered how whites could stop development in Zambia at the expense of animals. They themselves wiped out entire populations in Europe at the expense of development and have no national parks apart from zoos. Why should it be any different with Africa?

It is amazing that one can not see the benefit of this project which will completely change the face of Livingstone.
Let us not be cheated by those who are living in the comfort zone. We have enough parks in Zambia already.