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John Carmichael refuses to '˜urbanise' Botanical Gardens

21/03/2013 00:00:00 TINTFOMBI SIMELANE

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MBABANE – Former Minister of Education John Carmichael has taken Minister Lindiwe Dlamini to court for incorporating Summerfield Botanical Gardens into Matsapha urban area.

Carmichael seeks to review, correct and set aside the Minister of Housing and Urban Development’s decision as contained in Legal Notice No. 72 of 2012 which decision incorporates the Summerfield into Matsapha urban area.

The former minister also prayed for an order declaring the gazette invalid. He said this was in particular because incorporating the Summerfield into the urban area was unconstitutional and contravenes the provisions of Section 210 (2) and Section 216 of the Constitution.

The said sections are in connection with the protection of fauna and flora and the conservation of the environment for present and future generations.

The Minister of Tourism and Environmental Affairs, Mduduzi Dlamini, the Swaziland Environment Authority, Matsapha Town Board and the Attorney General were cited as second to fifth respondents respectively.

These are allegations contained in an affidavit, the merits of which are yet to be contested in court. The respondents are yet to file their responding papers.

Carmichael alleged that he was not given a hearing notwithstanding the fact that the Botanical Garden was previously excluded from being incorporated into Matsapha urban area on the basis that it is a nature conservation area which was established primarily for nature conservation and flora protection.

He alleged the land on which Summerfield is situated is sought for the establishment of townships and other forms of high density housing projects. Summerfield is situated at Nokwane, Manzini.

"The protected plants and other animals in the botanical garden are threatened with extinction. To that extent, applicants (Carmichael and Summerfield) are cultivating these plants and breeding these endangered animal species to ensure controlled usage and preservation for future generations," Carmichael alleged.

He said in other towns where nature conservation areas happen to be situated within the vicinity of the urban area, efforts had been made to exclude them from being incorporated into the urban boundary.

"Mlilwane Nature Reserve is a good example. It is situated within the vicinity of the Ezulwini Town Board. It has, however, always been excluded from being incorporated into the Ezulwini urban boundary because doing so would defeat the very purpose for which it was established," Carmichael said.

He alleged Mlilwane also incorporates income generating projects aimed at sustaining its projects. He claimed like Summerfield, Mlilwane also has a restaurant and accommodation facilities which are income generating.

‘Ministry officials admitted they made a blunder’

MBABANE – Officials in the Ministry of Housing and Urban Development allegedly admitted they made a blunder during the incorporation of Summerfield.

This was according to an affidavit filed by John Carmichael, the Director and founder of Summerfield Botanical Gardens. He said the fact that Summerfield has then been incorporated into the urban area had not been denied by the officials from the Ministry of Housing and Urban Development.

"When questioned as to how this could be done without affording applicants a right to be heard priors to the decision being taken, the officials could say no more than to admit that there had been indeed a blunder during the process of incorporating Summerfield into the urban area," Carmichael alleged.

He said prior to the 2012 gazette, Summerfield had been expressly excluded from properties that were to be incorporated into the urban area.

Summerfield rates estimated at E1.2 million a year

MBABANE – Rates for Summerfield Botanical Gardens are estimated to be at E1.2 million a year.

Its Director John Carmichael said he would not be able to pay these rates because the Botanical Gardens is a non-profit making project.

He said it would become impossible to sustain the Summerfield in the circumstances and that would basically mean that the nature conservation project would have to come to an abrupt end, much to the detriment of all its users. Carmichael said Minister Lindiwe Dlamini in making her decision did not consider the fact that incorporating such a huge area into the urban boundary would mean that Summerfield would be burdened with a huge expense in respect of the vast area.

Summerfield allegedly covers about 96 hectares of land at Nokwane. Carmichael also pointed out that the Summerfield was a family initiative funded from personal resources and government did not put in a cent.

Absalom ‘had thoroughly looked into the matter’

MBABANE – Former Minister of Housing and Urban Development Absalom Muntu Dlamini had allegedly applied his mind into the mater.

John Carmichael said it was for that reason that Dlamini decided not to incorporate Summerfield Botanical Gardens into the urban area.

Decision

He alleged Dlamini took the decision based on the provisions of the Flora Protection Act of 2001. The decision was taken in 2008 after the minister had applied his mind fully to the facts of the matter.

He said it had been alleged that the decision made by the previous minister (Absalom) to exclude Summerfield from being incorporated into the urban boundary was made prematurely before the commission had completed its work and filed its report.

Denied

"What could not be denied however was the fact that the previous minister had applied his mind properly to the matter and had considered the relevant issues surrounding same before making his decision," Carmichael said.

He said Absalom considered among other things submissions made by him as to why Summerfield should not be incorporated into the Matsapha urban area because it was aimed at promoting biodiversity.