What follows now that the Lusaka High Court has ruled that Government broke the law when it cancelled the 19 Hunting Concession Agreements last year?
The controversial decision to cancel the 19 HCAs was made by the Ministry of Tourism Permanent Secretary Mr Evans Muhanga.
His assertion, much to public scepticism was that the contracts were not done in a transparent manner.
Yet, the people he claimed were sidelined were the first to complain about how the cancellation had disrupted their lives by depriving them income through the safari hunting companies that operated in the game management areas.
This time, the High Court has ordered Mr Muhanga to reinstate all the 19 Hunting Concession Agreements (HCAs) which were cancelled in May 2022 despite the Attorney General Kabesha Mulilo having advised against the action.
The High Court has since quashed the decision by Mr Muhanga to cancel the tender that granted concessionaires Safari Hunting and Photographic Tourism on grounds that the cancellation was illegal, with procedural impropriety, irrational and therefore null and void.
Lusaka High Court Judge Sharon Kaunda Newa in her judgement has issued an Order of Mandamus compelling Mr Muhanga to sign all the 19 Hunting Concession Agreements with the concessionaires.
Mr Muhanga cancelled the safari hunting concession agreements signed in 2020 against the advice of the Attorney General just before the hunting season opened on May 1, 2022.
According to the Attorney General’s advice in a letter dated January 5, 2022 addressed to President Hakainde Hichilema on tender No. MTA/SP/001/2020, there was nothing illegal about the tender and that cancelling it would attract lawsuits against the government.
It is ironic how a government that claims it operates under the rule of law can ignore the expert advice from its chief legal advisor and decide to abrogate the law it has sworn to respect.
The government’s stance, has if anything, just distanced itself from the people that it is prepared to ride roughshod just to protect “hidden interests.”
It should be noted that even traditional leaders objected to the cancellation of the HCAs, that they were never consulted by the ministry which claimed it was protecting their interests.
In her judgement, Justice Mwewa ruled that Mr Muhanga, had no powers to cancel the tender for the granting of the Safari Hunting/Photographic Tourism concessions in 19 hunting blocks in various Game Management Areas.
“The applicants, having succeeded on the grounds of illegality, procedural impropriety and that the decision was null and void, irrationality/unreasonableness, and legitimate expectation, I accordingly, issue an order of certiorari, quashing the decision of the Permanent Secretary of the Ministry of Tourism and Arts dated 4th May, 2022, which cancelled the tender for granting of Safari Hunting/Photographic Tourism Concessions in Nineteen (19) Hunting Blocks in various Game Management areas.”
And now, the Attorney General who advised against the cancellation of the HCAs has been ordered to facilitate the performance of its Statutory Instrument function of executing the hunting concession agreements with the aggrieved parties.
Justice Newa said the applicants had followed the law and regulations governing the procurement of the hunting concession tender but Mr Muhanga did not.
What happens next?
