By Deogratias Mmana:
Some 170 residents in Mangochi are demanding K11 billion from the National Water Resources Authority (NWRA) and the Electricity Generation Company Limited (Egenco) for failing to manage rising water in Lake Malawi.
This, they say, led to damage to their property and businesses.
The residents have dragged the two institutions to court through Messrs Gondwe &Attorneys in a civil cause number 124 of 2024.
They are demanding: K11.7 billion for damages due to property damage; damages for loss of land; damages for loss of income and livelihood; damages for loss of business as a result of business interruption due to the flooding; damages for nuisance due to the ongoing interference with the use and enjoyment of the claimants’ properties and damages for emotional distress caused by the flooding and its aftermath, among others.
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According to the statement of claim, the residents accuse the two bodies of failing to implement and comply with the key recommendations stipulated in the Environmental Impact Assessment (EIA) report and the Environmental Management Act.
Some of the recommendations include implementation of the relocation and compensation programme outlined in the Project Resettlement Action Plan and establishment of a panel of experts to oversee construction, safety and environmental management in relation to the barrage at Liwonde.
“The defendants failed to prepare a Disaster Preparedness and Response Plan dealing with flood management prior to the implementation of the project when they knew or ought to have known that floods from Lake Malawi would occur and would potentially affect the claimants,” the statement reads.
It further says: “The claimants have therefore suffered loss and damage as a result of the defenders’ negligence and breach of their statutory duty under the Environmental Management Act.”
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The residents argue that what is happening in the Upper Shire and Mangochi is a man-made calamity due to the mismanagement of the barrage by NWRA and Egenco by their failure to comply with the key recommendations that are contained in EIA report.
According to the statement, the feasibility study had indicated that Lake Malawi levels should be maintained within acceptable range.
Lawyer for the residents Chancy Gondwe yesterday confirmed the case and said he had just served the documents on the defendants.
NWRA spokesperson Masozi Kasambala said lawyers from his institution would handle the matter.
Egenco spokesperson Moses Gwaza said he needed to time to check with the company’s lawyers.
In May this year, NWRA announced that water levels in Lake Malawi had increased by 44 centimetres.
It indicated that this was the second highest recorded, after the 1980 levels which reached 477.22 metres above sea level.
It attributed the rise to increased rains in the Northern Region as well as in Tanzania.
