Legal Matters: It’s time to ban the axe

24 Jan, 2016 - 00:01 0 Views
Legal Matters: It’s time to  ban the axe

The Sunday Mail

Dema is a quite rural place that lies to the south of the dormitory town of Chitungwiza.
The full name of that place is Sangodema which when translated into English literally means “a dark forest”. It was named Sangodema because back in the days, the area used to have thick foliage such that one could see beyond a few meters away.
This is not exactly a legal issue but I strongly felt that I should tackle it nevertheless.
As a result, Dema became home to wild animals such as lions, zebras, jackals, cheetahs and the like.
Today, the place is a pale shadow of its former self. The forest that it once was is no more. The wild life that used to roam and ramble in the area is now history.
This scenario is similar in many other parts of Zimbabwe. The question that then arises is how and why things turned out that way?
The answer is traceable to only one animal — the human being — whom I shall refer to simply as “man”.
Despite being endowed with great intelligence, man has largely failed to live in harmony with nature, hence the unmitigated destruction of the forests, rivers and many other natural resources that were freely given to mother earth by the Almighty.
Further, industrialisation has brought the scourge of global warming and other ills whose negative effects are there for all to see and feel.
Geographically, when one talks of a forest, one is essentially talking about vegetation, rivers, wild animals, crawling and flying insects and so on. If the tress are removed, there will no longer be any forest to talk about as the rivers will dry up and the other animals and birds will inevitably migrate to other areas or even become extinct.
It is, therefore, easy to conclude that the biggest threat to the environment in any country is man. Surprisingly, in spite of their superior physical capabilities, the so-called “big five’’ — the lion, elephant, buffalo, leopard and the rhinoceros are not responsible for the destruction of our environment. Man is the culprit. Never mind that when compared to the said big five, man is only but a dwarf.
All the environmental catastrophes that now afflict the world today are the collateral damage that our planet has had to pay for the advancement that we have seen particularly in these last 30 or so years.
In this article, I wish to discuss the issue of environmental degradation with particular reference to the decimation of trees and the role played by the axe. To a small extent, I shall also look at the legalities attended to it.
However, before doing so, I wish to examine the issue of deforestation.
Admittedly, there are many areas in Zimbabwe whose forests and other vegetation are still intact. Sadly however, there are other places that are now barren because deforestation has taken its toll.
Deforestation results primarily from chopping down trees without replacing them. It is amazing that despite man being one of the weakest species on earth as already indicated, he is solely responsible for all the trees that have been destroyed and not replanted in many parts of the world, including here in Zimbabwe.
I say man is weak because when he confronts a tree by himself unarmed, he has no capacity to bring it down. But show me a man with an axe and I will show you a silted Save River in Chipinge. It was Robert Marley who sang: “If you are a big tree, then I am the small axe ready to cut you down”. So the axe in the hands of man is really the environment’s number one enemy.
In our country, the axe, just like the dog, has always been considered man’s friend. Among the rural population, the majority of households are proud owners of at least one axe. The axe is used mainly to cut trees for firewood, poles for construction, clearing agricultural land and so on. In certain exceptional situations, the axe may be used as a defence weapon.
Ever since the Land Reform Programme was launched in our country a few years ago, there are many black farmers who have ventured into the previously white dominated tobacco production. As it happens, these new black farmers are not as financially endowed. They, therefore, cannot afford to purchase coal and other alternative sources of energy to use in the curing of their tobacco crop.
The result has been that they have had to turn to their friend — axe — to cut trees to use in tobacco curing.
ln most of the tobacco farms, the trees that are being cut down are not being replaced and that is how deforestation has come about.
The other difficulty arising is that the trees that are being chopped are the indigenous ones which are difficult if not impossible to replant. Talk of your munhondo or musasa varieties.
Furthermore, in densely populated urban and mining areas such as Epworth, Chitungwiza, Mkoba, Dulibadzimu, Chakari, Bindura, Kitsiyatota and the like; firewood is the major source of energy, particularly because of the erratic supply of electricity, coupled with its high cost. As these populations turn to firewood, more land is left barren as the trees continue to be destroyed unabated.
I am not, even for one crazy moment, suggesting that people must not exploit the natural resources in their areas for their own benefit. However, this must be done responsibly.
I recall that some years ago, there was an organisation called CAMPFIRE. The organisation advocated for the harmonious co-habitation of man and nature. The organisation is no longer as visible as it was back then.
In my view, concrete measures have to be taken by the authorities today and not tomorrow to curtail the use of the axe. lt’s use can even be banned altogether.
Without the axe or any other tool that can be used to cut down trees, our future as a generation is guaranteed because the trees will then regenerate and before long, the rivers too will begin to flow again. The Save River is dry today because man cut down all the trees that held the banks of that river together.
If a complete ban of the axe is seen by some as extreme, then I propose that the axe be held only by the chief, headman or mudhumeni in every village and any person who wish to use it must first make an application to that authority, justifying the purpose for which the axe is required before it is released to him for a specified number of hours.
In urban areas, there must be a complete prohibition of the axe. Any breach of the conditions under which the tool would have been issued should see the offender facing serious sanctions. That way, there will be some kind of control on who is doing what with an axe and consequently, the uncontrolled and haphazard cutting down of our trees will be monitored and controlled.
Otherwise, from a legal perspective, the axe is currently a perfectly lawful tool that can be possessed by anyone without any restriction whatsoever. It is up to us as a nation to outlaw or curtail the manufacture, possession and use of the axe.
The other issue surrounding the decimation of the forests in our country is the nature of the penalties or fines for environmental offenders.
Currently, offenders are liable to a fine not exceeding $200.
In my view, this level of punishment does not reflect the seriousness of the matter.
It think it is time to review the fines so that would-be offenders will not dare think, let alone embark, on such destructive and ruinous enterprises.
Otherwise, I recognise government’s efforts towards afforestation, especially through the National Tree Planting Day.
However, I disagree with what seems to be a promotion of exotic varieties such as the gum and jacaranda varieties. There is need to promote our own indigenous vegetation as they are the most suited for the climate in this part of the world.
Furthermore, it is sad to note that so many meetings and conferences are held every now and then, locally and internationally, with brilliant resolutions being made, yet there is no concrete action towards implementation. It is time to stop talking, it is time to act.
Finally, these words from Pope Francis concerning how he chose his Papal name and how that name is connected to the environment are instructive:
“It means protecting all creation, the beauty of the created world, as the Book of Genesis tells us and as Saint Francis of Assisi showed us. It means respecting each of God’s creatures and respecting the environment in which we live.”

# Tichawana Nyahuma is a legal practitioner and he writes in his personal capacity. For feedback, email [email protected]

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