Kudakwashe David Mnangagwa is part of the directors of a
company that is forging ahead with a project in the ecologically sensitive area
without an Environmental Impact Assessment (EIA).
Investigations carried out with support from Information
for Development Trust, a non-profit media organisation supporting independent
investigative journalism, also revealed that the project has not been given the
go-ahead by the Harare City Council.
The company, Brickstone Builder’s Contractors operating as
Brickstone Housing Project, reportedly intends to establish over 200 upmarket
housing units on the site, which was declared a wetland by EMA, according to a
report seen by this publication.
The planned housing project sits on an estimated 11
hectares.
The directors are likely to make, in excess of US$5 million
as the stands, which average 600 square metres are being sold at prices ranging
from US$35 to US$45 per square metre, investigations established.
According to the report, Brickstone Housing Project applied
for a housing development permit from EMA early this year, but it was turned
down. It was also barred from doing any civil works on the land.
The company has, however, defied EMA and in May it went on
to open roads, leading to an outcry from Belvedere residents and environmental
activists.
The Standard had to carry out an investigation into the
matter and search for the directors of the company after being tipped by
concerned residents about the conflict.
The particulars of the company directors, according to the
documents seen by this publication revealed that one of them is Kudakwashe.
The documents show that the company was founded by
little-known MacKenzie Macheka and Chester Macheka on July 16 in 1998.
Kudakwashe and three others, Spencer Macheka, a relative of
the founders, and two Zanu PF activists identified as Lilian Chitanda and
Enison Hwingwiri — who is the company secretary — were incorporated on the same
day on July 20, 2021.
This means that Kudakwashe was roped in well after the
formation of the company.
Even though information on his professional life is scant,
Kudakwashe describes himself on his LinkedIn account as a lawyer who has
“gained extensive knowledge from studying (law) around the world”, the USA, UK
and Zimbabwe included.
But other online accounts indicated that he holds a BSc in
Business Administration obtained from Drake University in Iowa, USA.
He is the executive director of a company called Flame Lily
Venture Capital, which, according to his LinkedIn account, is “a private equity
investment and advisory firm primarily focused on investing in financial services,
mining, real estate and construction within Zimbabwe and the Southern Africa
region”.
A Harare lawyer, Farai Chauke, once alleged to a Chiredzi
magistrate that Kudakwashe was involved in wildlife poaching in the Nyangambe
area in the Save valley conservancy.
Kudakwashe, who bears an uncanny resemblance to the
president and has been pictured with other Mnangagwa siblings, is from a mother
whose identity could not be immediately established.
He is neither son to Auxillia, the first lady, nor
Mnangagwa’s late first wife, Jane Matarise.
The Architect Magazine says Kudakwashe built a luxurious
house in an unnamed part of Harare this year and a picture accompanying the
brief listing shows massive opulence on the property.
Public Service, Labour and Social Welfare minister Paul
Mavima also appointed him to the National Building Society board.
Kudakwashe has also tried his hand in politics after he
submitted his curriculum vitae to contest for a top post at the Zanu PF youth
national conference held four months ago, but failed to make it.
EMA declares project illegal
According to the EMA report which accompanied a ticket and
prohibition order seen by this publication, Brickstone Housing Project applied
for a prospect for a housing development on February 28, but the Agency turned
it down on March 14 based on ecological assessments of the land, which had been
done in January prior to the application which designated the land as 100%
wetland.
Kudakwashe’s company defied EMA and started opening roads,
which culminated in a raid by the Agency on May 20 and the inspectors
found that there was development taking
place.
The company was then fined $500 000, which is a level 14
fine according to the EMA fines schedule and also issued with a prohibition
order to cease operations with immediate effect.
“On the 20th of May 2022 an EIA inspection was conducted in
Belvedere in response to a complaint that development was occurring on a
wetland adjacent to HIT (Harare Institute of Technology) A team comprising, Mr
Muguzva inspected the affected site,” read the prohibition order by EMA.
“Upon inspection the team established that Brickstone
Housing Project submitted a prospect for a housing development on 28 February
2022.
“Comments rejecting the project were sent on 14 March 2022
based on an ecological assessment that was conducted on 23 January, which
indicated that the area is 100% wetland. Representatives of the project were
Polite Captain.
“The site had been cleared of the vegetation for the
purpose of constructing roads, opening of roads was in progress and the site is
100% wetland.
“A ticket was issued of level 14 for doing a prescribed
project without an EIA and an order was given to stop all activities in the
area,” states the order.
EMA said if the developer continued to defy the environment
protection order, a docket will be opened for court proceedings.
“The Agency would like to urge all developers to consult
EMA before any development takes place,” it added.
“The National Wetland Policy and National Wetland
Guidelines give guidance to how wetlands are utilised. The National Development
Strategy (NDS 1) clearly states that there should be sustainable utilisation of
wetlands and encourages implementation of soft projects such as recreational
parks.
“So what is happening is uncalled for and is wanton break
down of the law.”
Harare City Council said it was not aware of the project.
“The city did not allocate the land in question and the
policy on wetlands is clear, it does not allow development on wetlands,”
council said.
“The city applies to EMA for EIA certificate. If it's true
what the company is doing is illegal and should stop forthwith.
“The law is very clear about developments in wetlands and
they should diligently follow due process or the long arm of the law will catch
up with them.”
“Development control under the director of works is dealing
with the matter to stop the illegal development.”
Harare Wetlands Trust director, Celestino Chari said the
Brickstone Housing Project should have a valid EIA certificate to carry out
developments in the area as stipulated by the law.
“The company should have a valid EIA certificate and a
development permit from council and anything outside that is illegal and
council should apply the necessary legislation to repossess the land and
reclaim it,” Chari said.
He said government should establish environmental courts to
deal with what he termed “the current mess” in wetlands or at least establish a
commission to investigate and recommend actions to be considered.
“An enabling legislation to pave way for compensating
private ownership in wetlands should be enacted urgently,” Chari added.
“We have over 25 cases in the courts over illegal
developments in wetlands and we created a watchdog and network of residents and
community based groups to oversee illegal developments in the city.
“We are also lobbying for the review of the wetlands
guidelines and the review of the EMA Act so that it responds to the current
trends.
“We are also lobbying government to create a fund to
compensate people settled in wetlands.”
Chari said there was need for EMA to urgently gazette
wetlands as ecological sensitive areas to stop any developments and council
should pass a resolution to stop any allocations of land in wetlands.
“Yes we are working with them on the development of
environmental action plans and continuously capacitating the different relevant
committees in council,” he said.
“We also have a draft implementation plan with council on
the management of wetlands and we also encouraging the city to come up with a wetlands
policy and publish the land bank for transparency.
“A one stop shop should be immediately established to
scrutinise all developments in wetlands.”
A visit to the sight revealed that Brickstone Housing
Project is continuing with development, which involves pegging of stands and
opening of roads and also construction sites.
Some of the stands are pegged under Zesa Holdings power
pylons and with some in very swampy areas.
The workforce on the ground was very hostile and could not
entertain any questions.
They repeatedly advised the news crew to talk to ‘Mudhara’,
if they wanted some answers on the project, but did not mention who this
Mudhara was.
Efforts to get a comment from the Macheka siblings and
Hwingwiri hit a snag as their numbers were continuously unavailable.
Kudakwashe was not answering calls.
It was also the same with the company secretary Chitanda,
who was also not answering calls.
A research paper by HWT released in October 2021 showed
that Harare wetlands were dwindling mainly due to housing developments.
Section 97 and 113 of the Environmental Management Act
requires an EIA certificate for any infrastructural development on wetlands.
To get the certificate an EIA consultant prepares a
prospectus and a report which assesses the environmental impact of the proposed
project and must consult with affected stakeholders.
The land must also be zoned for residential or commercial
use and one also need a development permit from the council under the Regional
Town and Country Planning Act.
Zimbabwe is part to the International Convention for the
Protection of Wetlands of International Importance (Ramsar Convention) which
requires the protection of Ramsar Sites in Zimbabwe we have seven including
the Victoria Falls and even urban ones
like Monavale Vlei and establishment of nature reserves on wetlands. Standard
0 comments:
Post a Comment