GRACE CHAILE
THE Lusaka High Court has ordered a halt to the granting of Tourism Concession Agreements in the Lower Zambezi National Park by the Department of National Parks and Wildlife, pending determination of a matter challenging the agreements.
Judge Ruth Chibbabbuka granted the order following an application by Chapter One Foundation and Conservation Advocates Zambia for judicial review of the decision by the Director of the Department of National Parks and Wildlife.
The applicants had requested documentation relating to the granting of Tourism Concession Agreements in the Lower Zambezi National Park, but the department failed to provide the information.
The court ordered that the leave to file the notice for judicial review shall operate as a stay of the respondent’s actions through the Department of National Parks and Wildlife granting Tourism Concession Agreements in the Lower Zambezi National Park until final determination of the matter.
“It is further ordered that the leave to file the notice for JR shall operate as a stay of the respondent’s actions through the DNPW granting Tourism Concession Agreements in the Lower Zambezi National Park until final determination of this matter or further direction by this court,” Justice Chibbabbuka ordered.
The applicants are seeking a declaration that the decision by the Director of the Department of National Parks and Wildlife to grant Tourism Concession Agreements without following the proper procedures is unlawful.
They are also seeking an order of mandamus compelling the Minister of Tourism and Arts to conduct a Wildlife Impact Assessment in the Lower Zambezi National Park.
According to the applicants, the Department of National Parks and Wildlife has been awarding Tourism Concession Agreements in the Lower Zambezi National Park without conducting the necessary environmental impact assessments.
The applicants claim that this has resulted in overcrowding in the western part of the park, leading to environmental degradation and threatening the ecological balance of the area.
The applicants had written to the Director of the Department of National Parks and Wildlife requesting documentation relating to the granting of Tourism Concession Agreements, but the department failed to provide the information.
The applicants then appealed to the Minister of Tourism and Arts, requesting that a Wildlife Impact Assessment be conducted in the Lower Zambezi National Park.
However, the minister failed to respond to the appeal, prompting the applicants to seek judicial review.
The applicants are arguing that the failure by the Department of National Parks and Wildlife to conduct environmental impact assessments before awarding Tourism Concession Agreements is a violation of the Zambia Wildlife Act.
They are also arguing that the failure by the Minister of Tourism and Arts to respond to their appeal is a violation of the principles of natural justice.
