Veronica Gwaze
In 2014, efforts by a local petroleum dealer to set up a fuel station in Zengeza 1, Chitungwiza, hit a snag.
Although a structure had already been erected, the authorities ordered the dealer to put the brakes on the project, saying the space in question was not suitable for a service station.
Precisely, it was located in a residential area, hence it posed a threat to residents’ safety.
Years later, residents were shocked when the project resumed. The fuel station is currently operational.
This is not an isolated case.
In the capital, along Kenneth Kaunda Way, another fuel station is located within a building, just behind a popular wholesale store, raising safety fears for the public and surrounding businesses.
This situation in Harare is just a microcosm of what is happening across Zimbabwe.
Over the years, the country has witnessed a rapid increase in the number of fuel stations, with some being built in questionable spaces like road servitudes, residential areas and even close to water sources.
In some cases, there are a number of fuel stations clustered within a small radius.
This widespread trend has raised serious questions regarding the space allocations and licensing processes for these fuel stations. Residents and businesses alike are concerned about the hazards posed by these poorly located facilities.
According to the information gathered by The Sunday Mail Society, while currently there are only 280 properly registered and located fuel stations, the number of those operating is way more than that.
Last year, the Zimbabwe Energy Regulatory Authority (ZERA) nabbed 292 individuals who were already operating illegally and others who were setting up shop without authorisation.
The same year, 32 fuel retailers were prosecuted and convicted of selling fuel that did not meet specifications. The offences included trading in adulterated fuel, which resulted in three of the culprits having their licences suspended.
In the first half of this year, 11 fuel retailers have been found on the wrong side of the law and are at various stages of prosecution.
ZERA chief executive officer Edington Mazambani told this publication that the energy watchdog is working on a cocktail of measures to bring sanity to the petroleum sector.
“We are finalising a legal framework of naming and shaming the culprits . . . ,” said Mazambani.
Counter-blaming/corruption
To address this critical issue, the Zimbabwe Anti-Corruption Commission (ZACC) recently launched a blitz to identify and prosecute illegal fuel establishments.
This was done in accordance with Section 12 of the Anti-Corruption Commission Act (Chapter 9:22).
“We conducted a compliance spot check at ZERA, Harare, after receiving information that they unprocedurally issued at least 3 000 licences for petroleum retail sites in the first quarter of 2024,” revealed ZACC.
“The blitz is ongoing but we noted that ZERA is largely being affected by staff shortages, hence are unable to effectively check on compliance nationwide.”
This operation was prompted by allegations of corruption in the allocation of operating space for fuel stations. Some rogue ZERA and council officials are being accused of receiving bribes to approve the siting of these retail petroleum stations in unsuitable locations.
“. . . allocation of operating space is a preserve of local authorities, in line with their development plans and by-laws,” said the ZERA boss.
But the Harare City Council refused to take the blame.
Section 26:3 of the Regional Town Planning Act allows fuel stations to be sited using a special arrangement that gives the council permission to acknowledge receipt of applications and approve as it considers necessary and appropriate.
Harare City Council’s head of corporate communications Stanley Gama said space allocation for fuel stations is done after approval of land use by the Environmental Management Agency (EMA).
“We only approve the space when EMA has done their assessment and given the greenlight, so the process does not leave loopholes on our side,” he said.
The local authorities’ fire departments are also supposed to conduct risk assessments for any proposed fuel station and make the necessary recommendations.
However, the public has largely been blaming the local authorities for the current predicament given the questionable siting of some of the fuel stations.
But EMA argues that issues pertaining to land allocation remain the responsibility of local authorities.
EMA’s environmental education and publicity manager, Amkela Sidange, said the agency only ensures that activities to be carried out on a particular piece of land do not contribute to land degradation or pollution.
In the case of fuel stations, as prescribed by the Environmental Management Act, they are considered prescribed projects. This means an environmental impact assessment (EIA) on them has to be conducted.
“We request developers to come up with an EIA, which goes through stakeholders and our own ground ruffling and then triangulating process.
“Having the EIA often gives assurance that the potential fuel station owner followed the procedures because it is only issued by consultants registered with EMA.
“We have never had cases whereby our officers are implicated in illegal fuel station land allocations,” said Sidange.
Way forward
Concerned Harare Residents Trust director Precious Shumba opines that there is a need for the authorities to work jointly and plug the loopholes in the land allocation and licensing systems.
He said, with the ongoing council water challenges, most residents now resort to wells and boreholes as their water sources. As a result, contamination from poorly placed fuel stations should be guarded against.
“This is a serious issue, which, if not handled well, may result in a health disaster. We are witnessing fuel stations being set up in questionable spaces and all we can do is wonder if they are legit or not.
“Fires are also another issue to consider. Communities are no longer safe. This land allocation and licensing process needs to be urgently addressed,” said Shumba.
Procedure
Fuel stations are allocated mainly based on the local authority’s master plan, which sets guidelines for the establishment of sites within specific spaces.
When a potential fuel station owner identifies a site that they are interested in, they are supposed to approach the local authority for land use approval.
In cases where the site is not zoned for fuel stations, they may apply for change of land use.
However, an application may be declined on the basis that the proposed location is too close to residential areas, hence not appropriate for a fuel station, among other reasons.
If approved, the applicant has to seek an EIA and EMA’s assessment and clearance. EMA approves the EIA, with the potential fuel station owner expected to pay a certain fee.
After the process, they then approach ZERA.
The authority will request proof of permission to operate from the proposed space in the form of title deeds or lease agreement for the land or facility. They will also check the business licence issued by the council and a fire clearance certificate from the local authority’s fire department.
Proof of permission to handle hazardous substances from EMA and a demonstration of compliance with petroleum industry standards are also required.
A ZERA licence, where issued, is an assurance that a licensed fuel retail facility meets these minimum standards for the petroleum industry.
The Zimbabwe Electricity Supply Authority, other affected institutions and stakeholders should also be consulted during the process.
Alternatively, the Town Planning Act allows service stations to be sited using a special consent arrangement that gives the council permission to receive applications for establishment of such a facility.
The local authority is then obliged to flight an advert on applications received and wait for 30 days for any objections from the public.
If there are no objections, recommendations are then made to the works and town planning committee for a fuel station to be constructed.
