Staff Reporter
HARARE – Calls for the establishment of specialised environmental courts are growing amid mounting concern over the destruction of wetlands, with recent assessments highlighting increasing pressure on Harare’s fragile ecosystems.
The call follows a recent survey and analysis by the Environmental Management Agency (EMA), which found that wetlands in Harare Metropolitan Province were coming under increasing pressure from housing developments and agricultural activities.
The findings have also renewed debate over the effectiveness of existing mechanisms for protecting environmentally sensitive areas.
Zimbabwe Lawyers for Human Rights (ZLHR) has proposed the establishment of dedicated environmental courts to deal with disputes involving wetlands and other critical environmental resources.
The proposal follows the launch of a ZLHR report titled Litigating for Conservation: A ZLHR Case Analysis of Wetland and Vital Water Sources Protection in Zimbabwe, which examines strategic litigation used to safeguard wetlands and water sources.
ZLHR executive director Belinda Chinowawa said environmental cases often involved complex scientific evidence, land-use planning considerations, regulatory requirements and competing constitutional rights, requiring judicial officers with specialised knowledge.
“There is need for greater judicial expertise in handling environmental matters,” Chinowawa said.
The concerns come as wetlands continue to face pressure from urban expansion, mining, infrastructure development, industrial pollution and agricultural activities.
EMA Harare provincial manager Leon Mutungamiri previously warned that human encroachment was degrading wetlands despite their critical role in providing and purifying water, filtering pollutants, reducing flooding and supporting biodiversity.
“Wetlands in Harare Metropolitan Province are under threat from human activities, especially housing development projects as well as agricultural activities,” Mutungamiri said.
He said wetlands remained critical ecosystems that provided fresh water and helped filter waste and pollutants.
Mutungamiri also reminded developers and residents that activities affecting wetlands without EMA approval were illegal.
He cited Section 113 of the Environmental Management Act (Chapter 20:27), which prohibits the reclamation, draining or disturbance of wetlands without express written authorisation from EMA.
EMA has urged residents to report suspected illegal developments in wetlands and advised prospective home buyers to verify that developers hold valid Environmental Impact Assessment (EIA) certificates before purchasing residential stands.
“Developments in wetlands should be shunned,” Mutungamiri said.
He also called on local authorities to incorporate wetland protection into urban planning and land allocation, particularly by preserving environmentally sensitive open spaces.
Meanwhile, the ZLHR report identified weaknesses in the enforcement of environmental laws, including developments allegedly proceeding without valid EIAs, poor coordination among regulatory agencies, weak enforcement and instances where court orders were disregarded.
ZLHR legal officer Kelvin Kabaya said procedural gaps could further undermine efforts to stop environmentally harmful projects.
He pointed to Section 130 of the Environmental Management Act, which allows aggrieved parties to appeal the issuance of an EIA certificate to the Minister of Environment.
However, Kabaya said the law did not prescribe a binding period within which such appeals should be determined.
“The lack of a time frame is a major concern,” he said.
He said the absence of a statutory deadline could result in environmental disputes remaining unresolved while contested developments continued.
The ZLHR report also examines Zimbabwe’s constitutional environmental protections and obligations under international instruments, including the Ramsar Convention, the Convention on Biological Diversity and the African Charter on Human and Peoples’ Rights.
The organisation said strengthening judicial expertise, closing legislative gaps and improving coordination among environmental authorities could enhance the protection of wetlands and vital water sources.
