Chapter 30: The Environmental Management Act (2011): a basis for the growth of an environmental ethos and good environmental governance in Zambia?

Abstract

The Republic of Zambia is located in south-central Africa. It is bordered to the north by Tanzania and the Democratic Republic of Congo; the west by Angola; the south by Namibia, Botswana and Zimbabwe; and east by Malawi and Mozambique. With a total land surface area of 751,610 square kilometres and a population of 16.8 million people, the population density in Zambia is among the lowest in sub-Saharan Africa, representing one of the most land resource abundant countries in the region. It therefore follows that this vast stretch of land is home to a huge variety of natural resources that are accordingly exploited for their benefit to the human populace. Zambia, however, also has one of the highest rates of urbanisation in sub-Saharan Africa that has led to numerous attendant challenges such as the proliferation of shanty settlements, which in turn present numerous other environmental problems. With a high population growth rate and human development dependent on the surrounding natural environment, the depletion of natural resources is ever on the increase. Against this background, it is a recognised common task to advance environmental law to ensure that it aids in arresting national, regional and global environmental degradation. This chapter critically evaluates the development of environmental legislation in Zambia with a view to assessing whether, and how, it is catalytic in the development of an ‘environmental ethos’ in the country. Central questions addressed include ‘what is an environmental ethos’ and ‘what are some of its constituent elements’? The chapter begins by analysing the historical development of the now repealed Environmental Protection and Pollution Control Act (1990) (EPPCA) and its successor the Environmental Management Act1 (2011) (EMA). The purpose of this analysis is to identify the key environmental themes that these two laws embody, and it extends to consider the relevance of the legal provisions towards shaping the environmental discourse in Zambia. The chapter then briefly discusses some aspects of the constitutional framework