Call for specialised courts to combat environmental crimes

Rutendo Nyeve, Victoria Falls Reporter

LEGAL experts and conservationists have called for the establishment of a specialised “green bench” in Zimbabwe’s judiciary to address the growing threat of environmental crimes, including wetland degradation, illegal mining, and pollution.

The proposal was made during a side event at the on-going 15th Conference of Parties (COP15) on wetlands governance, hosted by Victoria Falls City, which recently earned accreditation as a Ramsar Wetland City.

The event, themed: “Protecting our wetlands for our common future,” featured presentations by researchers and environmental stakeholders including environmental legal expert, Dr Clement Mukwasi, who proposed the urgent need for legal frameworks to safeguard ecosystems.

“It’s recommended that all State Parties to the Ramsar Convention establish courts that specialise in environmental law, from community-based tribunals to constitutional courts to promote the polluter-pays principle and develop legal principles that protect the earth and biodiversity,” said Dr Mukwasi.

Zimbabwe already boasts specialised courts, such as the Labour Court, Administrative Court, Commercial Court, and Children’s Court, which streamline justice delivery in their respective fields. Legal experts argue that environmental crimes, which often involve complex scientific and ecological evidence, demand similar specialisation.

“Environmental degradation is not just a local issue; it has transboundary impacts. Regional and sub-regional environmental courts or tribunals should also be established to deal with cross-jurisdictional matters,” he added.

Environmental offences are prosecuted under general criminal law or through the Environmental Management Act (Chapter 20:27), which prohibits wetland degradation and imposes criminal sanctions.

However, enforcement remains inconsistent due to a lack of judicial expertise and overlapping mandates among agencies.

The call for a green bench aligns with Victoria Falls’ commitment to sustainable development.

Dr Mukwasi’s presentation also stressed the importance of community engagement in wetland protection.

“Whereas some Acts of Parliament state that Ministers of Environment should designate places as wetlands, it is recommended that such designation should be done by the minister on the advice of local communities to increase their role in conservation,” he said.

The city’s recent certification as a Wetland City under the Ramsar Convention underscores its dedication to preserving ecosystems that purify water, mitigate floods, and supporting bio-diversity.

In his address, the mayor of Victoria Falls, Councillor Prince Thuso Moyo, spoke on the city’s broader vision.

“Wetlands are just one part of our bigger plan for a better Victoria Falls. We are working to grow eco-tourism, improve services for our people, and protect our natural resources,” he said.

“All of this supports not only the UN Sustainable Development Goals but also Africa’s Agenda 2063 for a greener and more prosperous future.”

Clr Moyo also acknowledged the role of partnerships in conservation, thanking institutions like the Environmental Management Agency, Zimbabwe National Parks, and the Forestry Commission.

“We invite even more partners, businesses, NGOs, and community groups to come forward and be part of this great effort.

Together, we can share ideas, strengthen projects, and make a big impact,” he said

This participatory approach, combined with specialised courts, could enhance accountability and deterrence.

For instance, illegal sand mining and urban encroachment on wetlands, persistent problems in Zimbabwe could be prosecuted more effectively under a dedicated environmental judiciary.

The Ramsar Convention, which Zimbabwe ratified in 2013, obligates states to protect wetlands of international importance, including Victoria Falls, Mana Pools, and Monavale Vlei.

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