NFA wants court to reject anti-Mabira give-away petition
May 19, 2007
THE National Forestry Authority (NFA) has questioned the legality of the NGOs which are challenging the Government’s proposal to give part of Mabira Forest to a sugar firm.
By Hillary Nsambu
THE National Forestry Authority (NFA) has questioned the legality of the NGOs which are challenging the Government’s proposal to give part of Mabira Forest to a sugar firm.
NFA says the five NGOs have no legal authority to challenge the Government over the matter. In a reply to the case filed at the Constitutional Court by the NGOs, NFA yesterday said the matter should be dismissed with costs because it was speculative, premature and frivolous.
Last month, the NGOs: the Advocacy Coalition for Development and Environment, Greenwatch, the Environmental Action Network, Environmental Alert and Anti-corruption Coalition, filed a petition claiming that the Government had breached the Constitution to degazette the Mabira Forest Reserve.
But NFA argues that the forest had not yet been degazetted. The forestry authority added that the NGOs should not have used the correspondences between the Government organs or agencies to formulate the petition.
“The matters complained of are of State policy and executive plans, which do not fall within the ambit of the Constitution and should not be taken to the Constitutional Court,†the forestry authority said.
It also contended that the petitioners falsely accused them of undermining the Constitution which provides for a clean and healthy environment was concerned.
“NFA enjoins the responsible Government organs to ensure that in amending or revoking an order declaring a central forest reserve, environmental concerns are addressed.â€
NFA added that issuing licences, permits and concessions in relation to forest reserves, is the responsibility of the Government.
The reply was accompanied an affidavit sworn by Silvero Mwesigwa, NFA’s legal counsel. The government is considering a request by the Mehta Group to take over 7,100 hectares of the forest to expand its sugarcane plantation. As a result, the NGOs petitioned the Constitutional Court to restrain Mehta from taking over part of Mabira Forest for sugarcane plantation.
THE National Forestry Authority (NFA) has questioned the legality of the NGOs which are challenging the Government’s proposal to give part of Mabira Forest to a sugar firm.
NFA says the five NGOs have no legal authority to challenge the Government over the matter. In a reply to the case filed at the Constitutional Court by the NGOs, NFA yesterday said the matter should be dismissed with costs because it was speculative, premature and frivolous.
Last month, the NGOs: the Advocacy Coalition for Development and Environment, Greenwatch, the Environmental Action Network, Environmental Alert and Anti-corruption Coalition, filed a petition claiming that the Government had breached the Constitution to degazette the Mabira Forest Reserve.
But NFA argues that the forest had not yet been degazetted. The forestry authority added that the NGOs should not have used the correspondences between the Government organs or agencies to formulate the petition.
“The matters complained of are of State policy and executive plans, which do not fall within the ambit of the Constitution and should not be taken to the Constitutional Court,†the forestry authority said.
It also contended that the petitioners falsely accused them of undermining the Constitution which provides for a clean and healthy environment was concerned.
“NFA enjoins the responsible Government organs to ensure that in amending or revoking an order declaring a central forest reserve, environmental concerns are addressed.â€
NFA added that issuing licences, permits and concessions in relation to forest reserves, is the responsibility of the Government.
The reply was accompanied an affidavit sworn by Silvero Mwesigwa, NFA’s legal counsel. The government is considering a request by the Mehta Group to take over 7,100 hectares of the forest to expand its sugarcane plantation. As a result, the NGOs petitioned the Constitutional Court to restrain Mehta from taking over part of Mabira Forest for sugarcane plantation.