Online Reporter
Arron Nyamayaro
THE Katonha twins, Farai Lawyer and Tendai Mayor, have lost their case in which they wanted a court to order Koala Park Abattoir to move its operations away from Seke Road.
They also wanted the court to order the company to implement stricter waste management systems.
The twins claimed the business was causing air pollution in the area.
However, provincial magistrate, Yeukai Dzuda, said the Environmental Management Agency (EMA), who were the Second Respondents, did not find any scientific evidence that the company was causing air pollution.
She said Koala Park Abattoir has the licence to operate and EMA officials, who have the mandate of inspecting issues related to health and safety, was satisfied when they visited and inspected the premises.
The magistrate said the fining of Koala Park Abattoir by EMA, for partial compliance, was a remedy.
She also ruled that Tendai Mayor Katonha was also not supposed to appear before her in the matter.
In an interview, soon after the ruling, the Katonha twins said they were going to appeal.
“Considering that the court acknowledged the fining of Koala Park Abattoir for partial compliance by EMA, we want to appeal against the ruling.
“The EMA report followed an inspection after the application of interdict and that EMA visited Koala Park Abattoir, after they had put molasses, remains part of our arguments.
“We are happy that EMA promised to consistently monitor compliance at Koala.
“At least, there is a promise that EMA is now going to carry out its constitutional mandate.
“The magistrate conceded that, indeed, the applicants have a clear right in terms of Section 73 of the Constitution.
“One has to have a right in order to sue,” said Farai Katonha.
The twin brothers filed an application at the Harare Civil Court in which they claimed Koala Park Abattoir’s operations were causing severe air pollution, dust, and unbearable odours along Seke Road.
The twins sought an interdict to compel the abattoir to move its cattle away from the main road and to implement stricter waste management systems.
Sometimes judgement should take the route of in-loco inspection and dismiss the so-called experts recommendations that can easily be made through coercion and favours. Anyone who has passed by Koala abattoir on the Seke Road will testify to the heavy air pollution that ensures. There is no need to even argue it in court. The magistrate should just go there and verify. No law can supercede reality. A repulsive stench as it is found along Seke Road, remains a repulsive stench regardless of what EMA or the magistrate says.