ZEMA drags LCC to court for failure to remove waste
ZEMA has jointly charged Lusaka City Council (LCC) Town Clerk and his director of public health Edgar Mulwanda with two counts of failure to manage waste in Misisi and Kanyama and another two counts of failure to comply with site restoration orders.
This follows recent orders which the Zambia Environmental Management Agency (ZEMA) has issued for LCC to comply with restoration orders on some selected sites in Lusaka.
But in a statement issued by ZEMA corporate affairs manager Irene Chipili, the two council leaders have been charged in their official capacities after their failure to remove waste in parts of Garden, Kanyama and Misisi townships, as well as at town centre, and restore the sites to a condition satisfactory to ZEMA.
“ZEMA has charged Lusaka City Council (LCC) for failure to fully comply with site restoration orders issued on 1st August, 2018. Pursuant to Section 60 of the Environmental Management Act No. 12 of 2011 (“EMA”), LCC was ordered to remove waste in parts of Garden, Kanyama and Misisi townships and the town centre and restore the sites to a condition satisfactory to ZEMA. The council was also ordered to take action that would prevent the continuation of disposal of waste at the stated sites. The agency carried out compliance inspections of the stated sites and found that LCC did not fully comply with the orders. In view of the above, LCC will be prosecuted on four counts for: (a) Two counts for the offence of managing waste in a manner that results in an adverse effect or creates a significant risk of an adverse effect occurring in respect of the two sites in Misisi and Kanyama respectively contrary to Section 54 of the EMA; and (b) Two counts for the offence of failure to comply with site restoration orders issued in respect of Misisi and Kanyama sites respectively contrary to Section 60 subsections (3) and (4) of the EMA,” Chipili stated.
She added that the matter is expected to come up for allocation and for possible plea before the Lusaka Magistrate Court on August 30.
“In addition, pursuant to Section 126 of the EMA, Mr. Alex Mwansa and Mr. Edgar Mulwanda have been charged in their official capacities as Town Clerk and Director of Public Health at the LCC respectively. To this end, the two stand charged, together with LCC, with four counts as above. The offences were committed on dates unknown but between 1st of January, 2018, and 11th August, 2018, in Lusaka District. The matter will come up for allocation and possible plea before the Lusaka Magistrate court on 30th August, 2018. ZEMA is committed to ensuring that local authorities play their role in managing waste in their jurisdictions and subsequently, protecting our environment,” stated Chipili.