Sunday, October 15, 2006

An early intimation...

The Luembe Conservancy Trust
P.O. Box 31333,
Longacres, Lusaka
Tel: 1 28 22 44
gamefields@zamnet.zm

CONFIDENTIAL


The Secretary
Nyimba District Council
Nyimba


Dear Sir,
Re Alienation of land by Chieftainess Mwape to a Mr Zaeed Patel

I was recently meeting with the senior members of the Nyalugwe Community Resource Board who informed me that they had just heard from a Mr Thomas Mwengwe that he had just facilitated the agreement of Chieftainess Mwape and her headmen to the alienation of a large area of land lying in favour of a Zaeed Patel between the Mvuvye and Nyamadzi streams on the east bank of the Luangwa river.

As I have been advising the Mwape family concerning their desire to redress the actions of the late Chieftainess in alienating the Kaundi country bordering on Sandwe GMA, by returning the land to customary control under the newly appointed Chieftainess, I am dumbfounded that the Chieftainess has taken such an inconsidered action in recommending that the land be alienated to Patel for a 99 year renewable lease, effectively removing the land from her community in perpetuity. As you know our Trust has been in negotiation with the Forestry Department concerning a public private partnership in the sustainable use of the West Mvuvye National Forest (No.54), and we have been waiting for a meeting between Mwape and Senior Chief Luembe to agree to the scheme going ahead. Mwape had been drawn in to the scheme in order to give her people an opportunity to improve their livelihoods through the investment which would follow. This is the very area which she has now made an attempt to alienate.

I wish therefore to draw your attention to the following:
• The West Mvuvye is a gazetted National Forest and is therefore not under customary control. Her actions, and any resulting agreement is therefore illegal.
• Given the history of alienations in Nyimba District (Luembe, Nyalugwe and Mwape) it is incumbent on the Council not to sign off on any large alienations, though in this case they have no power to do so, it being a National Forest, confirmed by the Provincial Forestry Officer, Mr Chendaoke
• The Trust has the Council as a trustee, and therefore the Council is aware of the current efforts to bring investment and development to the region. The exchange of land in perpetuity for salaula, vehicles and grinding mills would represent a shameful abrogation of customary authority and Council responsibilities
• Part of the West Mvuvye was once customary land, but it is no longer, being converted - with the agreement of the chiefdoms, to the highest status of protection
• East Mvuvye may soon be de-gazetted and returned to customary land, but this should not be done for West Mvuvye.

Yours sincerely,




I.P.A. Manning
Co-Director



c.c. Lazarus Mulowa
c.c Senior Chief Luembe
c.c Chairman Luembe Community Resource Board
c.c Mr Chendaoke, Forestry Department.

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