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Court Dismisses Application for Judicial Review of ZAWA's Refusal to Renew Hunting Licence

The Post - Lusaka
August 1, 2003

Noel Sichalwe
Lusaka

THE Lusaka High Court has dismissed an application for judicial review of the ZAWA decision that refused to renew the hunting licence for five safari companies.

Delivering the ruling in chambers on Tuesday, judge Anthony Nyangulu threw out the application on grounds that it lacked merit.

This is a matter in which five safari hunting companies were seeking a judicial review of the decision by Zambia Wildlife Authority (ZAWA), the Zambia National Tender Board (ZNTB) and Attorney General over the awarding of tenders for safari hunting concessions allegedly without availing them an option to renew the leases following their expiry and without evaluating their tenders.

Nyampala, Baobab, Nyumbu, Exclusive Safaris and Busanga Trails had sued ZAWA, Zambia National ZNTB, Attorney General, Luangwa Crocodile and Safaris Limited, Sofram Safaris, Leopard Ridge Safaris and Swanepoel and Scandrol Safaris Limited.

Judge Nyangulu said by awarding the hunting concessions to the bidders other than the five safari companies, ZAWA and ZNTB board acted within the provisions of Zambia Wildlife Act.

He said this was because the board acted on its capacity as the agents for and on behalf of ZAWA in whom the power to award concessions was legally vested. Judge Nyangulu found that the board duly complied with the requirements of the rules of natural justice by affording the bidders the opportunity of a fair hearing through the process of evaluating the tenders for all of the applicants.

"Consequently, I decline to grant the order of certiorari to quash the decision in question and I dismiss the application for judicial review," he said. Judge Nyangulu said the evidence had shown that the lease agreement was not at a material time not operational following the presidential banning order of safari hunting and that it had also expired by then.

He wondered as to why Nyampala Safaris were claiming that their bids were not evaluated by ZNTB even when ZAWA and ZNTB sat on March 6, 2002 to consider hunting concessions. "There is evidence on record that ZNTB does act and advertise tenders for hunting concessions on behalf of ZAWA and in this particular case, the board acted as agents for and on behalf of ZAWA in advertising and awarding the hunting concessions to the various bidders," he said.

Judge Nyangulu said according to the affidavits filed by John Matimba, a lease agreement dated April 16, 1996 was signed by the then National Parks and Wildlife Service through the Wildlife Conservation Revolving Fund granting exclusive commercial hunting rights within the Nyampala hunting block in Munyamadzi game management area for five years.

Matimba said Nyampala Safari duly complied with the lease by submitting the annual performance review for each year and the final performance report prior to the expiry of the lease agreement in the year 2001.

He said despite complying with the lease agreement, ZAWA, ZNTB and the Attorney General had not allowed Nyampala Safaris to exercise its option to renew the term of lease for a further period of five years as provided for in the agreement. However, in response to Matimba's evidence, ZAWA director general Hapenga Kabeta said the lease agreements were signed between Nyampala Safaris and the National Parks Wildlife Service in 1996 for periods of five years each. Kabeta said the facts were frustrated following government's decision to ban Safari hunting and issuance of hunting concessions in January 2001.

He said on January 19, 2001, former president Frederick Chiluba announced that government had with immediate effect banned safari hunting and the issuance of hunting concessions. Kabeta said the consequence of the ban was that the lease agreement entered into by the parties involved released them from their respective obligations.

He said this was because the option to renew the lease agreement was to be exercised by the ZAWA director, after consultations with local communities under the areas where safari hunting operations were being conducted.

Kabeta said in 2001, ZAWA invited offers for the grant of hunting concessions in all hunting blocks which had been offered to applicants under the lease agreement of 1996. He said upon seeing the invitation of offers which were advertised by ZAWA, the applicants responded and submitted offers for consideration for the award of the advertised hunting blocks.

Kabeta said by responding to the tender for the award of hunting concessions, the applicants acquiesced the re-allocation of the concerned hunting blocks and were estoppel from claiming the concerned hunting blocks.

http://allafrica.com/stories/200308010326.html

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Minister Kalifungwa Calls for Effective Management of Wildlife Resources

The Post - Lusaka
August 1, 2003
Posted to the web August 1, 2003

Joe Nkadaani
Lusaka

THERE is need for effective management of wildlife resources, tourism environment and natural resources minister Patrick Kalifungwa has said.

Speaking during the launch of the Zambia Wildlife Authority (ZAWA) strategic Plan and Logo yesterday, Kalifungwa said there was need for cost effective measures to be put in place for wildlife resources which he said was the backbone of Zambian tourism industry. "The new deal government has recognised that the Zambian tourism product has over the years been dependant and continues to do so on wild life," he said.

He said the strategic plan should not only be on the shelves to gather dust but be implemented to enable Zambians benefit from wildlife resources. Kalifungwa said the institution could only achieve its objectives if it operated in a focused manner and with deliverables that could be monitored.

He said Zambia was one of the few countries in the region to have dedicated 30 per cent of her total land to the wildlife estate through the 19 national parks and 34 game management areas.

He said national parks and wildlife resources played high economic and socio-cultural values in the country. Kalifungwa said if national parks were developed sustainably they could provide a viable and friendly land use option for the rural communities.

"However, a vision is a dream and will remain so if it is not operationalised," he said. And ZAWA director general, Hapenga Kabeta said there was inadequate political commitment from government towards funding conservation.

Kabeta said protected areas had poor infrastructure and old operational systems which had led to the poor corporate image of the industry as a whole. He said even the road network in parks was almost non-existent. Kabeta said the weak and eroded financial base and the poor conditions of service were some of the problems that ZAWA was facing.

He said the weak performance of the economy had a direct link with the illegal wildlife activities and the increase in HIV/AIDS levels of its workforce. Kebeta said ZAWA's mission was to contribute to the preservation of the biological and socio-economic value of Zambia's natural heritage for future generations.

He said the budget for the next five years was pegged at US $49 million.

He said $3.5 million had already been secured from the Royal Norwegian government while the World Bank had pledged US $9 million for the same period. Kabeta, however, stressed that ZAWA needed serious re-capitalisation. "ZAWA needs re-capitalisation. Just like a baby cannot walk and feed itself at birth so is ZAWA," he said.

He said there was need to manage wildlife resources jointly with the local communities in the game management areas in order to conserve the resources while alleviating poverty.

http://allafrica.com/stories/200308010334.html

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