Chinese in court over unlawful discharge

Thu, 22 Feb 2018 10:31:04 +0000

By JUSTINA MULENGA

 HENAN Gouji Development Company Limited of Silverest Garden Housing in Chongwe and two Chinese employees, Hu Xinqiuo and Tan Futian yesterday appeared in the Lusaka Magistrates Court for contravening the Environmental Management Act No. 12 of 2011 (EMA) and its subsidiary legislation.

But when the matter came up for plea before Lusaka Magistrate, Greenwell Malumani, defence lawyer for the accused filed an application for a short adjournment to allow parties look into entering negotiations with the view to possibly reach a plea agreement which would require some time.

After State Counsel Karen Banda from ZEMA did not object to the application, Magistrate Malumani granted the application and adjourned the matter to March 9th 2018.

The accused are charged with five counts of unlawful discharge of a pollutant into the environment and failure to comply with an environmental order issued by Zambia Environmental Management Agency (ZEMA) relating to discharge of effluent.

In count one, two and three of this matter, it is alleged that Henan Gouji Development Limited, being a company incorporated in Zambia and having its registered office in Lusaka, Tan Futian and Hu Xinqiou being employed by the company, on dates unknown but between February 1st 2018 and February 15th 2018 in Chongwe, Lusaka, whilst acting together with others unknown, did discharge a pollutant, namely E-Coli into Kambwena Stream without Emission License from ZEMA.

In count four, it is also alleged that  Henan Gouji Development Limited, being a company incorporated in Zambia and having its registered office in Lusaka, Tan Futian and Hu Xinqiou being employed by the company, on dates unknown but between January 1st 2018 and February 15th 2018 in Chongwe, Lusaka, whilst acting together with others unknown, did fail to comply with the requirements of a compliance order dated December 1st 2017 to immediately set up adequate mitigation measures to curtail the discharge of sewage into the open environment.

And in count five, it is alleged that the accused on unknown dates but between July 1st 2012 and February 15th 2018 in Lusaka, jointly whilst acting together with other persons unknown, did fail to abide by the conditions of a decision letter dated June 12 2012 relating to the construction of septic tanks, sewage ponds and soak away in the development of Silverest Housing Complex.

Meanwhile, A 23-year-old unemployed man of Lusaka’s Emmasdale area has been dragged to the Lusaka magistrates court for allegedly impersonating a medical surgeon attached at the University Teaching Hospital (UTH).

In this matter, it is alleged that Gift Siloka, between January 19 2018 and February 9 2018 in Lusaka, falsely represented himself to be someone serving as medical surgeon at UTH and did report for work, an act done by virtue of the attachment.

The accused is scheduled to appear before magistrate Mwaka Mikalile for plea.