Browsing by Author "SAKALA, Chekani M"

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    An analysis of the Effectiveness and Enforceability of Environmental Impact Assessment: A case study on David Ngwenyama v Attorney General and Another vis-à-vis The Environmental Impact Assessment: Its efficacy and enforceability.
    (University of Lusaka, 2024) SAKALA, Chekani M
    This undergraduate law dissertation critically examines the effectiveness and enforceability of Environmental Impact Assessment (EIA) in Zambia, focusing on the case study of David Ngwenyama v Attorney General and Another, which highlights the contentious nature of EIA enforcement. The research delves into instances where EIA recommendations were both disregarded and adhered to, illustrating the multifaceted landscape of EIA effectiveness. The dissertation is structured into five chapters, aligning with specific objectives. Chapter One establishes the research problem, outlines objectives, and emphasizes the study's significance. Chapter Two provides an overview of Zambia's robust EIA system, emphasizing legal frameworks, procedural steps, and penalties for non-compliance. Chapter Three identifies challenges faced by project developers and government agencies, impacting the transparency and effectiveness of the EIA process. Chapter Four assesses the strengths and weaknesses of Zambia's EIA process, emphasizing the importance of enforcement, capacity development, and transparency. The study reveals that while Zambia's EIA framework prioritizes environmental protection and sustainable development, challenges persist, hindering its effectiveness. The Lower Zambezi case exemplifies the potential disregard for effective EIAs by high authorities, while other projects showcase successful adherence to recommendations. To enhance EIA effectiveness in Zambia, recommendations include improving technical expertise, resource allocation, public participation, data quality, simplifying regulations, and increasing transparency. A collaborative effort involving developers, government bodies, civil societies, and affected communities is proposed to overcome challenges and advance a more effective and transparent EIA system. In conclusion, the dissertation contributes to the ongoing discourse on EIA effectiveness and offers practical recommendations to strengthen Zambia's approach, ensuring sustainable development and environmental preservation for current and future generations.