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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.