The High Court of Malawi has intervened to halt the construction of a three-story building in Blantyre City, which was intended for both residential and commercial use. The construction was allegedly being carried out on land designated as a wetland.
This development comes after a Blantyre resident, Tabi Kowet, took legal action against the Minister of Lands and the Blantyre City Council (BCC) for permitting businessperson Karamat Ullah Chaundry to develop the land.
High Court Judge Mandala Mambulasa has granted Kowet the authority to initiate judicial review proceedings to challenge the decisions made by the minister and the council. The disputed land, identified as judicial review case number 39 of 2023, is located in Mount Pleasant, near the Malawi Blood Transfusion Service (MBTS).
In his ruling, Judge Mambulasa ordered that “the decision in question” to grant Chaundry development permission for plot number BC 1288 be temporarily suspended until the court issues further instructions. This order also prevents Chaundry from carrying out any additional development on the plot until “the determination of the underlying matter.”
Through his legal representative, Felix Thandwe, Kowet argues in a sworn statement that the area where the plot is situated is a wetland. According to Section 48 of the Environment Management Act, no individual is allowed to reclaim, construct, modify, or place any structure on wetlands without the written approval of the Malawi Environmental Protection Authority (MEPA).
Kowet further contends that, as a wetland, the minister should not have allocated the land for residential purposes without MEPA’s written consent and without conducting an Environmental and Social Impact Assessment as required by the Act.
Kowet’s affidavit highlights that in considering Chaundry’s application for development permission, the BCC was legally obligated, under Section 50(1) of the Physical Planning Act, to take into account various factors. However, it appears that the council failed to do so.
These factors include adhering to the Blantyre District Physical Plan or the applicable local physical development plan for the land, as well as assessing the potential impact of the proposed development on the natural and built environment and its effects on adjacent land uses.
In a recent interview, Thandwe stated that Kowet had previously written to the BCC, lodging a complaint regarding the development of the alleged wetland for residential and commercial purposes. However, Kowet received no response from the council. Tandwe expressed suspicion that the prescribed procedures were not followed, as the council’s silence on the matter was conspicuous.
Tandwe also noted that the court would proceed to hear the judicial review case at a later date. This will follow presentations from the minister, the BCC, and Chaundry in response to the concerns raised by Kowet.
Wetlands are unique ecosystems known for being periodically or permanently saturated with water. They offer a range of benefits, including natural water quality improvement, recreational opportunities, and access to natural resources.
