Lusaka — A Parliamentary watchdog committee on energy yesterday took to task Environmental Council of Zambia (ECZ) director Edward Zulu for allowing the Kafue steel project and the National Milling Corporation (NMC) plants to be erected in undesignated places.

But Mr Zulu told the committee that the ECZ had objected to the Kafue Iron and Steel and NMC plants being situated where they were but it had no authority to override a decision passed by a minister as provided for under the council's act section 26.

The committee, chaired by Livingstone Member of Parliament (MP) Sakwiba Sikota (ULP) wondered why NMC had not relocated its plant, which was right in the centre of the central business district of Lusaka, in breach of ECZ regulations.

Namwala MP Major Richard Chizyuka (UPND) said the Kafue Iron Steel Plant and the NMC paused a danger to the lives of the residents if they were left to operate from where they were currently located.

Senanga MP Clement Sinyinda (MMD) asked if Mr Zulu had letters the ECZ wrote objecting to the Kafue Iron and Steel plant as well as the NMC, to which he agreed.

"I am aware of decisions the ECZ took over the Kafue Iron and Steel plant and the NMC. We rejected them but the minister has powers to overrule ECZ and direct otherwise. Our hands are tied," Mr Zulu explained.

Maj Chizyuka, at this point reminded Mr Zulu that Parliament had empowered the ECZ and not the minister, with the authority to pass final decisions in such matters. Mr Zulu he said he was not aware of such a legal provision.

"A minister cannot override ECZ decisions, as endorsed by Parliament. You are protected by law and I wondered why you have allowed ministers to override your decisions," Maj Chizyuka observed.

When asked by Mr Sinyinda if he would feel better if the council was given full autonomy, Mr Zulu answered in the affirmative.

"We are semi and not fully autonomous. Under section 26 of the ECZ Act, a minister has got powers to override the council. As ECZ, we only have the autonomy of running the day-to-day activities and not on decision-making," he said.

ECZ legal counsel Chibesa Chibesakunda supported Mr Zulu saying the council was facing difficulties carrying out its duties because of inadequate legislation.

Ms Chibesakunda said the ECZ had just finalised drafting a new statutory instrument that would enhance it operations.

The committee also heard that most mining companies in Zambia were not operating at compliance levels owing to some clauses contained in the liabilities and development agreements at the time of privatisation.

Under the agreements signed under the Zambia Consolidated Copper Mines (ZCCM), some mines were indemnified from being prosecuted for pollution for a long period of time.

Mr Zulu said this in response to Maj Chizyuka's query on why the ECZ failed to compel the Konkola Copper Mines (KCM) to shut down its operations when it polluted the Kafue river in November 2006 threatening the lives of thousands of Zambians in Chingola.

He said at the time of the pollution, KCM had not reached the deadline of compliance level but stressed that the mining firm had on several occasions flouted such the law.

Mr Zulu said there could have been social and economic implications if the ECZ had compelled KCM to shut down at the time of the pollution, but members of the committee disagreed with his assertion.