Congratulations ECZ!

Today we have encouraging early signs that an effective, transparent and toothy regulatory system may be emerging in Zambia. Sadly, the news comes on the back of more evidence that companies have thus far been behaving on the assumption that the regulators have no teeth and that investors are untouchable. That would fit with yesterday's comment by Edward Zulu, Director of the Environmental Council of Zambia (ECZ) that, although Zambia has an effective legal framework, the ECZ has not had the capacity to enforce its own rules. Today we find out from a report in The Post that the ECZ wrote to Mopani Copper Mines following an earlier spill in April 2005, informing them that they were in breach of the terms of their Environmental Impact Assessment. The company seems to have ignored that message and the ECZ appears not to have done anything further to follow up with the company.

However, things may be changing. The Post reports today that not only has the ECZ ordered Mopani Copper Mines (MCM) to suspend operations of its leach plant, it has also charged MCM for polluting the environment and has asked the company to meet all costs relating to repairing any damage caused to human health or the environment.

ECZ communications officer Chama Nyendwa gave The Post significant detail on the spill, the conditions written into MCM's Environmental Impact Assessment, and the aspects of the agreements it had breached.
“On Wednesday 2nd January 2008, there was a spillage of Pregnant Liquor Solution (PLS) from the In Situ leach at the 430 meter level. The PLS ended in the water sumps located at the 830-metre level. The water from these sumps is pumped to the surface where it is treated by Mulonga Water and Sewerage Company for use as domestic water to former mine townships in Mufulira... This discharge was as a result of failure by Mopani to operate the In Situ leaching operations in accordance with the approved Environmental Impact Assessment of the project and conditions contained in the decision letter therein... In the approved EIA, Mopani was to operate with emergency storage to impound all excursions; sufficient online and standby pumping capacity was to be installed underground to handle the solutions. Inspections revealed that the discharge was a result of non-availability of standby pumping system and no emergency ponds to contain spillages.”

Nyendwa stated that ECZ had previously written to MCM reminding them of their responsibility towards preventing pollution following the pollution incident of April 2005 and that ECZ was disappointed that adequate measures had not been put in place to avoid recurrences.

ECZ has charged MCM for polluting the environment in breach of the Environmental Protection and Pollution Control Act (EPPCA) and non-compliance to the commitments that it made after the pollution incident of April 2005. ECZ has further charged MCM for not reporting the pollution incident promptly contrary to part seven section 86 (1) of the EPPCA which states that “a person who inadvertently or accidentally causes or witnesses an act causing pollution of any aspect of the environment shall without delay report to the inspectorate or the police or a local authority.