Wetland Conservationists Challenge Commercial Development Approval in Zimbabwe
Conservationists are mounting a legal challenge against a decision by Zimbabwe’s Environmental Management Authority (EMA) to grant approval for commercial development on the Monavale Wetland. This vital wetland, one of only seven Ramsar-protected sites in Zimbabwe, plays a critical role in the water security of the capital city, Harare.
The trustees of the Conservation Society of Monavale Trust, represented by George Makings, have formally appealed the Environmental Impact Assessment (EIA) Certificate issued on September 26th. The appeal names the Minister of Environment, Climate, Wildlife, the EMA Director General, the EMA itself, Milblue Investments, and the City of Harare as respondents. The trust is seeking an order to set aside the EIA certificate, arguing that it was issued unlawfully and based on an inadequate EIA report.
Grounds for Appeal: Deficiencies in the EIA Process
The conservationists received formal notification of the EIA certificate’s issuance on December 11th. Their primary argument is that the certificate was issued “unreasonably and unlawfully” due to a failure of the EIA report to comply with the requirements of the EMA Act and the Environmental Impact Assessment and Ecosystems Protection Regulations of 2007.
Specific concerns raised by the trustees include:
- Inadequate Project Description: The EIA report allegedly failed to provide a detailed description of the project and the specific activities involved in its implementation, a requirement stipulated in Section 99 (a) of the Act. The report states that a restaurant and administration building will be constructed on non-wetland portions, yet site plans reportedly indicate these structures are situated within the wetland itself. Furthermore, the nature and exact locations of proposed developments such as a golf course, spa, and gym are not clearly described, nor is the methodology for their construction.
- Unverified Site Location: The trustees have highlighted that Stand No. 41216, the designated project site, is not clearly depicted on available maps from the Surveyor General. This lack of precise mapping makes it impossible to verify the exact location and boundaries of the development area.
Failure to Assess Environmental Impacts: A significant point of contention is the EIA report’s alleged failure to provide a detailed description of the likely environmental impacts of the project, contrary to Section 99 (c) of the Act.
- Direct Impacts on Restored Area: The report allegedly overlooks the direct impact of the project encroaching into the existing restored area of the Monavale Vlei. This restored area, currently managed by the appellants through a biodiversity project, faces the risk of being partially fenced off, fragmenting it and potentially severing its connection to the wider restored ecosystem.
- Biodiversity Hotspot at Risk: The trustees emphasize that the confluence of the Lite Marimba Stream and the Marimba River/Avondale Stream is a crucial biodiversity hotspot. The potential fragmentation of this area is likely to have severe negative consequences for the overall biodiversity of the restored wetland.
- Indirect and Off-Site Impacts Ignored: The EIA report has also been criticized for not addressing indirect or off-site impacts, as required by Section 99 (c). This includes anticipated impacts on downstream water delivery to Lake Chivero and potential exacerbation of flooding risks for communities living along the banks of the Marimba River.
- Misleading Baseline Information: The conservationists also contend that some of the mitigation measures proposed in the EIA report are based on demonstrably false baseline information.
National Policy and International Commitments at Stake
The trustees firmly stated that the government of Zimbabwe’s policy direction regarding wetlands is unequivocally focused on their full restoration and protection. They argue that developing the Monavale Wetland into a golf course or any other commercial venture directly contradicts this policy.
Furthermore, the approval of development on a Ramsar-designated site raises significant international concerns. The Monavale Wetland was officially recognized as an internationally protected seasonal wetland under the Convention on Wetlands of International Importance, especially as Waterfowl Habitat (the Ramsar Convention) on May 3rd, 2013. The trustees expressed that it would be a “grave embarrassment” to the Zimbabwean government if officials from the Ramsar Convention, who recently visited the wetland, were to discover that a portion they inspected in its pristine state is now slated for development and is no longer being conserved.
Monavale Wetland: A Crucial Ecological Asset
The Monavale Wetland is renowned for its significant birdlife, holding a strong and established reputation as a vital birding site both within Zimbabwe and on the international stage. The wetland supports a remarkably diverse array of bird species, including several that are rare and endangered, such as the striped crake and the Streaky breasted flufftail. Crucially, many of these species are entirely reliant on the wetland’s conditions for their survival, underscoring the ecological importance of its preservation. The potential loss of this habitat due to commercial development poses a severe threat to these vulnerable populations and the broader ecosystem.
