Online Reporter
Ivan Zhakata
Herald Correspondent
Residents of Chitungwiza have petitioned the Zimbabwe Human Rights Commission (ZHRC) to investigate the discharge of industrial effluent into a river behind the Surface Industrial Area and said the pollution violates environmental laws and threatens their constitutional rights to a clean environment and safe water.
The petition, submitted on behalf of residents and ratepayers by Mr Felix Chihoro, alleges that oily industrial waste is being discharged into the river in contravention of Section 59(1) and (2) of the Environmental Management Act (Chapter 20:27), which requires industries to discharge trade effluent into sewer reticulation systems after appropriate pre-treatment.
“We are worried by the discharge of industrial effluent (oily substances) into the river behind Surface Industrial Area in Chitungwiza, in contravention of Section 59(1) and (2) of the Environmental Management Act (Chapter 20:27) that calls for industrial undertakings to discharge trade effluent into the existing sewer reticulation system, and install appropriate plant (pre-treatment facilities) before they discharge into the environment,” Mr Chihoro said in the petition.
Mr Chihoro said residents were also concerned that the “polluter pays” principle under the Environmental Management Act was not being effectively enforced.
“The pollution fines have not been a deterrent to minimise or stop pollution. It has become cheaper to pollute than to comply with environmental laws,” he said.
“This situation threatens the right to a clean environment and the right to water enshrined in our Constitution.”
Mr Chihoro said the pollution was affecting the Lake Chivero catchment, the primary water source for Harare Metropolitan Province and Chitungwiza.
“The pollution is happening upstream and in the catchment of Lake Chivero, the primary water source for the Harare Metropolis and Chitungwiza, and the lake is now heavily polluted by industrial waste, a situation that has compromised the integrity of the lake, contributing to a decrease in water production, increase in water purification cost, banning of fishing activities and impacting biodiversity, and affecting other economic and agricultural activities,” he said
Mr Chihoro said the pollution constitutes a public health threat and undermines constitutional provisions guaranteeing the right to an environment that is not harmful to health and the right to safe, clean and potable water.
He said residents were bearing the cost of pollution through increased water tariffs and loss of livelihoods.
Mr Chihoro urged the ZHRC to investigate the alleged environmental rights violations, secure appropriate redress, recommend stronger legislative measures to Parliament and conduct research into corporate water pollution.
“We respectfully beseech the Zimbabwe Human Rights Commission to investigate the violation of environmental rights from the pollution activities happening behind Surface Industrial Area, secure appropriate redress and recommend effective legislative measures aimed at protecting the right to a clean environment and water,” he said.
The residents also appealed to the Commission to investigate the circumstances surrounding pollution behind the Surface Industrial Area and take measures to safeguard their constitutional rights to a clean environment and safe water.
