adminSifelani Tsiko
Agric & Environment Editor
Zimbabwe needs to take practical steps to set up an independent environmental court to preside over environmental disputes and crimes, World Wildlife Fund — Zimbabwe country director, Dr Enos Shumba says.
Speaking at a virtual meeting to mark World Wetlands Day recently, Dr Shumba said establishing an independent green court, separate from the general judicial system, could help the country to address the pressing, pervasive and pernicious environmental problems that face the country.
“The establishment of an independent environmental court could also give the public redress against transgressions on wetlands in particular and the environment in general,” he said.
“Transparent and coordinated enforcement of wetland legislation and practices that minimise conflicts between enforcement agencies and competing sector interests buttressed by appropriate penalties and political will is critical in solving challenges related to the management of wetlands and other environmental issues.”
In Zimbabwe and other African countries, environmental courts do not exist because they are not provided for in the constitution.
According to a 2016 United Nations Environment Programme (UNEP) report, environmental courts or tribunals at different administrative levels exist in five sub-Saharan African countries namely — Gambia, Kenya, Mauritius, Nigeria, Sudan.
A number of countries are in the process of establishing environmental courts that are better positioned than an ordinary court or tribunal to develop innovative remedies and holistic solutions to environmental problems.
Environmentalists argue that the courts are vital as they provide authority to the environmental legislation through judicial enforcement and interpretation.
“A court with special expertise in environmental matters is best placed to interpret, explain and enforce environmental laws and regulations in the achievement of ecologically sustainable development,” an environmental rights activist said in an online report.
Dr Shumba said apart from establishing green courts, it was important for the country to safeguard and restore wetlands to fight the adverse effects of climate change and ensure benefits to human livelihoods and biodiversity.
“We need to facilitate the development of a participatory and all- inclusive national wetland strategy that motivates the development of guidelines on wetland management by different sectors,” he said
“Articulation of a national wetland policy thrust within the context of either preservation, sustainable use or restoration is also needed to safeguard and restore our wetlands.”
In addition to this, Dr Shumba said there was need to coordinate information generation and awareness on wetlands for various stakeholders, including the public.
Increased urbanisation, poor urban planning, illegal developments on wetlands and river banks and poor drainage has contributed to increased run-off and flood risk and the frequency and intensity of floods in a number of residential areas in the country. Floods in the current summer season have destroyed or damaged nearly 10 000 homes, according to a January 2021 report by the UN International Organisation of Migration (IOM) and the Civil Protection Unit.
Zimbabwe has seven protected wetland sites and has a total of 1 117 wetlands covering 793 348 hectares which is about 1,5 percent of the country’s land area. They are rich islands of floral and faunal biodiversity that drives the tourism sector, supports community livelihoods and provides a wide range of ecosystems goods and services. The country, which ratified the Ramsar Treaty in 2011, now has seven wetlands that have been declared as Ramsar sites.
These include the Monavale Vlei, Cleveland Dam, Mana Pools, Lake Chivero, Driefontein Grasslands, Chinhoyi Caves and the Victoria Falls National Park.
Online Reporter