We have been discussing various aspects of environmental law starting off with animal rights and welfare and the protection of monuments and heritage sites. We will conclude by looking at some general aspects of environmental law that impact daily life and the role of government agencies tasked with implementing environmental laws. Popular talk centres around saving the planet from human-induced threats real, imagined and exaggerated. From global warming, ozone layer depletion, destruction of forests and vegetation, destruction of coral reefs and natural ecosystems due to increased human activity. In Zimbabwe major threats include pollution, deforestation, erosion and siltation of rivers.
Rights: MIRIAM TOSE MAJOME
The law
The Environmental Management Act (Chapter 20:27) provides for the sustainable management of natural resources and protection of the environment, the prevention of pollution and environmental degradation, the preparation of an environmental plan and other plans for the management and protection of the environment and the establishment of the Environmental Management Agency (EMA). It works in tandem with the other laws such as the Parks and Wildlife Act (Chapter 20:14) and the Forestry Act (Chapter 19:05). The environment is the natural and manmade physical resources like water, soil, minerals and living organisms. It refers to ecosystems, habitats, spatial surroundings or other constituent parts — natural or modified or constructed. It includes urbanised areas and agricultural areas, rural landscapes and places of cultural significance. Cultural sites were discussed at length last week in relation to protection and preservation of monuments and heritage sites. Economic, social, cultural or aesthetic conditions and qualities that contribute to the value of the environment are part of it.
Environmental rights and duties
People have a right to a clean and safe environment that is not harmful to their health as defined in Section (1) as read with Chapter 73 of the Constitution. Everyone has rights to access information about the environment if it affects them. Everyone also has a duty to protect the environment for the benefit of present and future generations and to participate in the implementation of the promulgation of reasonable legislative policies and other measures that prevent pollution and environmental degradation. There are many groups and individuals involved in programmes that promote this cause such as protection of wetlands, prevention of siltation of rivers or prevention of veldt fires and many more. The State has a duty to make and implement legislative measures for this purpose. Government agencies are tasked with spearheading environmental protection programmes and policies. Examples are EMA, Radiation Protection Authority and the Parks and Wildlife Management Authority.
Environmental Management Agency
Of particular importance is EMA, established in terms of Part IV Section 9. It is a statutory body to formulate quality standards on air, water, soil, noise, vibration, radiation, and waste management and local environment action plans. It works with local government authorities to achieve its goals. It is supposed to help with sustainable management of natural resources and protection and management of the environment. It works with local authorities in the implementation of their local environmental action plans.
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EMA is one of the better-known and active government agencies and is more visible in some sectors more than others. Its activities are less visible in urban areas and its impact less felt. It interacts more visibly with mining, farming, land development, construction industry, fisheries etc. Its intervention in urban local authorities’ activities could certainly be improved and be more visible. The results of EMA’s intervention in urban areas should speak for themselves through cleaner neighbourhoods, cleaner water, better quality of air etc. EMA is not completely missing from urban areas. It does play an overseer role, but it is not enough. It punishes and fines local authorities for various infractions, but the question is how helpful is that? It is mind boggling how a government agency can sue another government agency. In other words, this is like the government suing itself. In November 2016 Harare City Council was fined $10 000 after pleading guilty to polluting the environment and engaging in practices harmful to the health of residents. Harare was ordered to improve it management systems and was given a litany of directives to follow to improve its management of the environment. The city was ordered to provide adequate bins and waste receptacles and clear all illegal waste dumps. It was also directed to enforce its’ existing by-laws which it appears to have forgotten and deploy a dedicated municipal police unit for enforcement of pollution by-laws. However, despite this less than a year later the pollution and rot in Harare is only getting worse.
Pollution
The standards set by EMA include the regulation of pollution and monitoring systems. Pollution is any direct or indirect alteration of the physical, thermal, chemical, biological, radioactive properties of the environment caused by the discharge, emission or deposit of a substance into the environment in such quantity and for such duration and under such conditions as to cause actual or potential danger to the environment or to human health. A casual observation of all urban areas in Zimbabwe without exception shows that local environmental plans that are supposed to be in place have either failed or are completely non-existent or some people are sleeping on their jobs. The amount and quality of filth in urban environments is disturbing. This is everything from litter to noise pollution, unchecked vehicular emissions, industrial waste, effluent etc. It has all just fallen apart.
Litter and personal responsibility
It is not correct or fair to place the blame solely on municipalities for the heavily-polluted environment. Residents share the blame almost equally. It is residents themselves who litter and spoil the environment. The law imposes everyone with a duty to preserve and protect the environment. Councils always find excuses such as lack of resources to that hinder them from collecting litter. There are many urban areas that simply do not have waste collection services. In my opinion councils just lack the required creativity. They do not necessarily need to do door-to-door bin collections as they do. They could simply invest in many communal skips and place them in strategic areas where they know people like to dump rubbish. Then all they do is collect the skips regularly as their resources allow thereby saving themselves lots of money on fuel, time and labour. It is a fact that even in areas where refuse is collected regularly some people will always just dump their household litter down the road simply because they are used to it. A concerted approach by all authorities and public awareness campaigns educating people on good basic hygiene and living responsibly in urban areas is needed.
Miriam Tose Majome is a lawyer and a teacher. She can be contacted on [email protected]
