Residents of Lilongwe City are happy with several road projects underway, including the government-funded six lane and two-way Road Kenyatta Drive between Parliament Building and Shoprite.
Traffic jams are a nightmare in the capital city because the existing roads cannot accommodate the ever-increasing number of vehicles.
However, there is a legal requirement that has caused discomfort among some residents and fans of the political party in power and its allies.
In October, the Malawi Parliamentary Conservation Caucus (MPCC) and Movement for Environmental Action (MEA) asked the Malawi Environmental Protection Agency (Mepa) to halt the road upgrading until a diligent environmental and social impact assessment (Esia) and proper environmental and social management plans (ESMPs) are implemented. The two organisations threatened to seek a court injunction against the project if Mepa does not act accordingly.
There has been a heated debate on the environmentalists’ demands. However, some city residents and followers of the governing Tonse Alliance, especially Malawi Congress Party (MCP) are vehemently against MPCC and MEA while experts in environmental sciences and individuals with some understanding of environmental protection support calls for Esia.
Recently, a legislator for the constituency where the project lies was on social media castigating the two organisations as agents of opposition political parties bent on frustrating government-led development projects.
The Environmental Management Act enacted by Parliament in 2017 requires Mepa to approve the implementation of any project, requiring an Esia.er licensing authority shall not grant a permit or lisense for execution of such a project unless an approval for the project is granted by the Mepa.
The Act requires Mepa to review and approve Esia as required by the law. The authority is also required to receive and investigate any complaint relating to the protection and management of the environment.
According to the Act, it is an offence punishable by a K10 million fine or 10 years’ imprisonment to undertake a project that requires an Esia license without one,
The National Environmental Policy of 2004, from which the Act was derived, requires Esia to ensure that public and private sector development options are environmentally sustainable and that recognised environmental consequences are taken into account in project design and implementation. These includes biophysical, social and environmental health impacts.
The environmental policy requires environmental mitigation and management plans for activities where an Esia determines negative environmental thresholds.
Guidelines for Esia in Malawi mentions “Construction of new highways and feeder roads or expansion of existing highways and feeder roads” as some projects for which Esia is mandatory.
It is, therefore, mandatory that the project to expand the Kenyata Road requires an Esia, according to the country’s environmental management policy and Environmental Management Act.
Both are government legislative instruments passed by Parliament and assented to by the President.
It is, therefore, absurd for people to think that requirement of an Esia on the disputed project is an attempt to stop or deliberately delay the road expansion.
It is equally negligent for some individuals to argue that just because there are many trees in the forest next to the road project, then felling the trees in not an issue.
Similarly, it is pure ignorance for some people with inadequate knowledge about great cities like New York, Beijing and London to argue that cities do not require some trees. They have plenty trees.
The law is the law.
It is unfortunate that politicians have decided to use the request for compliance with an active law or legislative instrument to advance political egoism and wrestle some political muscles.
An Esia, whose process and results should be transparent, is a requirement for the Kenyatta Road project. This government promised to respect existing laws and the rule of law does not condone those who think they are above the law.
