Zim loses wetlands as Ema dithers
THE Auditor-General’s report on the protection of wetlands was tabled last year in the National Assembly by the Environment, Climate, Tourism and Hospitality minister.
The report is of an audit conducted by the Auditor-General to assess whether the protection of wetlands by the Environmental Management Agency was being done efficiently and effectively.
The audit covered the period from the beginning of 2014 to the end of July 2019 and was carried out in five of Zimbabwe’s 10 provinces, namely Harare, Mashonaland West, Masvingo, Midlands, Bulawayo and Matabeleland North.
The report shows that Zimbabwe is fast losing its wetlands due to a number of factors: Governance issues, including inadequate enforcement of orders; pollution by untreated effluent; cultivation; unplanned building construction; and mining.
Importance of wetlands
The report contains the following definition of “wetland”, taken from the Environmental Management Act: “Any area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, and includes riparian land adjacent to the wetland.”
As the report explains, wetlands are important for water storage. They act as natural earth sponges and are sources of water for all rivers and streams.
They soak up rain slowly and recharge ground water, rivers and streams, regulating water quality through natural filtration.
They also provide habitats for plants and animals that live in semi-aquatic conditions.
Destruction of wetlands causes flooding, shortages of underground water and loss of plants and animals that live in semiaquatic conditions.
Legal protection of wetlands
Wetlands and the environment generally are given a great deal of legal protection, at least in theory.
The Constitution
Section 73 of the Constitution gives everyone the right to an environment that is not harmful to their health or well-being, and also the right to have the environment protected for the benefit or present and future generations.
The Environmental Management Act
Wetlands are protected in at least two ways under the Environmental Management Act.
Section 97, as read with the First Schedule, prohibits the draining of wetlands except in accordance with a certificate issued by the Director-General of the Environmental Management Agency following an environmental impact assessment report.
Anyone who drains a wetland without such a certificate is guilty of an offence and liable to a fine of level 12 (currently $200 000) or five years’ imprisonment or both.
Section 113 prohibits anyone from reclaiming, draining or disturbing wetlands without the express written authorisation of the Environmental Management Agency, given in consultation with the Minister responsible for water resources.
Anyone who does so without such authorisation is guilty of an offence punishable by fine of level 8 (currently $50 000) or two years’ imprisonment or both.