Court stops K21bn SRWB water project

The High Court of Malawi has stopped Southern Region Water Board (SRWB) from proceeding with the implementation of a K21billion water extension project in Mangochi.

The injunction follows an application by three non-governmental organisations (NGOs) challenging the implementation of the project at Nkhudzi Hill inside Lake Malawi National Park, a protected area and a World Heritage Site in the district.

The NGOs, namely; Centre for Environmental Policy (Cepa), National Youth Network on Climate Change and Movement for Environmental Action argued that the project endangers the environment.

Among others, the NGOs asked the court to order the defendants to provide them with all information, documents, drawings, feasibility studies and assessment reports in relation to the project.

In their submission, the applicants also said the defendants have been failing to provide them with information regarding the project.

But in its submission, SRWB argued that the claimants did not disclose the actual nature of the proceedings they intend to bring against them and that they did not disclose the actual information they had been looking for.

However, delivering his ruling yesterday in Blantyre, High Court Judge Mandala Mambulasa noted that the defendant’s failure to disclose information is a breach of the claimants’ constitutional right of access to information.

Reads the ruling in part: “The claimants’ request for information and the prayer being sought are consistent with the mandates of the Republican Constitution of Malawi and the pieces of legislation.

“Consequently, this court hereby invokes its coercive powers and orders the defendants herein to provide all the requested information within 15 days from the date of this ruling as prescribed in the Access to Information Act.”

In an interview yesterday evening after the ruling, the applicant’s lawyer, Paul Mzembe, welcomed the court’s decision, saying the court granted his client’s wish.

He said the country can have developmental projects but at the same time preserving the environment.

One of the lawyers representing the defendant, Peter Matsimbe, could not grant the media interviews, saying he did not get permission from his clients to talk to the media.

Several local and international NGOs and concerned citizens have also been opposing the current design of the project and demanding its review since inception.

Initially, Malawi Environmental Protection Authority issued an Environmental Protection Order (EPO) and fined SRWB K5 million.

The authority also issued a closure order against the project, but later gave the board an approval to proceed with the project in December last year