* Rampant deforestation offences still attract court fines as low as K50,000 to K200,000
* Prompting offenders to establish group savings banks to assist each other during court cases
* In 2020, the amended Forest Act went missing after the National Assembly passed it in 2019 before it reached the President to ascent to
* Meanwhile, T/A Mposa in Machinga has assisted in the arrest of fellow chiefs, for being in complicit to illegal logging of trees within Chikala Hills in Liwonde Forest Reserve
By Duncan Mlanjira
The Forest Act 2019, which, among others, proposed for stiffer punishment on people found exploiting the precious natural resource of the country, seems not to have been made official to the Judiciary, as the courts are still meting out sentences using archaic old laws.
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A source privy to the process that led to the formulation of the amendment of Forest Act, observes that the courts are still using the old legislation which — in option of custodial sentence — the fines are as low as K50,000 to K200,000.
He indicated that the amended Forest Act — while trying to address to the wanton cutting down of trees in national forest reserves for mass production of charcoal — also took into consideration to impose stiffer sentences to preserve the endangered animal specie of Pangolin, which was being targeted for clandestine international market.
Our source made the observation after Zodiak Broadcasting Corporation online (ZBSNews) reported that charcoal producers in Chikala Hills in Liwonde Forest Reserve have established group savings banks to assist each other to easily pay the low court fines — and proceed to carry on plundering the reserved natural resources.
District Forestry Officer for Machinga, Henry Kagulo told ZBSNews that, through the group savings banks (AKA village banks), the charcoal burners are able to honour the low fines imposed by the courts ranging between K50,000 to K200,000.
Kagulo told ZBSNews that this year alone, his office registered 99 forestry crimes, of which seven received custodial sentences and the rest were fined.
Environmental commentators, Maloto Chimkombero and Gresham Kamnyamata, were also contacted by ZBSNews, who described the “leniency” of the courts on forest cases as worrisome — while asking the courts to consider the degradation of the country’s forests and strictly use the forest law when prosecuting these cases.
But our source observes that the courts might be using the old laws, probably because the Judiciary might not have been officially provided with the amended Forest Act.
Incidentally, Maravi Express stumbled upon a report filed by Malawi News Agency (MANA) in 2020, in which Parliamentary Committee on Natural Resources & Mining then expressed shock over the missing of the Forest Act at Parliament a year after it was enacted in 2019.
The National Assembly passed the 2019 Forest Act which, among others, proposes for stiffer punishment to people found exploiting the precious natural resource of the country.
MANA reported that as a matter of procedure, the Act was, after being passed in the august House, supposed to be sent to the then President Peter Mutharika for him to assent to it so that it becomes law.
At an interactive meeting in Zomba with officials from the Ministry of Natural Resources & Mining in 2020, the then committee’s chairperson, Halima Daudi said it was surprising that the Parliament secretariat failed to send the Act to the President and that “it even disappeared”.
Daudi said failure to send the Act to the President was a clear indication of how less serious are some people with regards to issues of plunder of natural resources.
Recently cut trees and degraded Afromontane forest of Chikala Hills
Daudi had assured that the Parliamentary Committee would do everything possible to ensure the Act was sent to the President while the then deputy Minister of Natural Resources & Mining, Welani Chilenga confirmed of the failure by Parliament secretariat to send the Act and that indeed it was missing in the files.
Chilenga had said when the Ministry had enquired why the Act was not being assented to after it was passed alongside other Acts, it was discovered that it was not sent to the President and that it was nowhere to be seen.
“If there is an Act that was supposed to be sent to the President as quickly as possible; then it is this Forest Act other than those that were sent for assenting to,” he had said. “We were, as Ministry, so shocked to learn that the Act was left out and even buried at the secretariat.
“As a country, we are facing a lot of challenges in managing our natural resources due to the current laws that are outdated. The new Forest Act would largely improve our performance in as far as managing natural resources is concerned,” Chilenga had said, while assuring that his Ministry then would continue pushing for the Act to be sent to the President for his signature.
Causes of deforestation in Malawi, charcoal production
MANA reported then that there was no immediate comment from the National Assembly secretariat. Among others, the Forest Act proposed for seizure of a vehicle found carrying prohibited forest products or any natural resources and a 10-year imprisonment sentence to the driver or anyone found in the business.
Meanwhile, Coordination Union for the Rehabilitation of the Environment (CURE) has reported that Traditional Authority (T/A) Mposa in Machinga has assisted in the arrest of fellow chiefs, village heads under, namely Mtondo and Mchilima, who were named as being in complicit to use of chainsaws for illegal logging of trees within Chikala Hills in Liwonde Forest Reserve.
According to CURE, the two chiefs are accused of allowing the use of chainsaws for illegal logging, which was exposed by concerned passionate environmentalists and mountain hikers who reported the situation.
T/A Mposa
The group comprising Arie Glas, Jochem Gooijer, Thomas van Acker and Jonas Beyard, filed a public report which indicated that if the authorities do not act, all larger trees on Chikala Hills will be depleted by the end of 2025 due to the current speed of massive deforestation taking place.
The report indicated that Beyard, a Malawian founder and chairperson of Zomba Tour Guides Association for eight years, until a few months ago, reported to T/A Mposa on their return where they discussed a plan to jointly visit the mountain with surrounding community members.
CURE then reports that the village chiefs, Mtondo and Mchilima, were taken to the site where the chainsaws were being used and were ordered by the T/A to confiscate the equipment themselves, “effectively embodying the saying; ‘send a thief to catch a thief’”.
Sawpit where T/A Mposa took the other chiefs to
T/A Mposa is quoted as saying: “The tourists observed a group of people cutting down trees unnecessarily without my knowledge. Upon investigation, it became evident that the chiefs in the area were aware of these activities but failed to inform me.
“This was a clear act of corruption and betrayal,” Mposa is quoted as saying, adding that if the chiefs are found guilty, they will face automatic demotion.
Mposa further emphasised his commitment to protecting natural resources, stating that he and other chiefs countrywide had signed a forest protection declaration in the presence of the Head of State.
“I cannot allow the degradation of our ecosystem under my watch,” he stressed — in line with the group of concerned passionate environmentalists and mountain hikers, who included in their report that “law enforcement, development of alternative livelihoods and inclusion of surrounding communities in any solution, are steps that need to be taken urgently”.
“Development organisations, in particular, are encouraged to urgently support efforts in this direction now, as many development goals align directly with the conservation of the magnificent rainforest at Chikala,” they concluded in their report.
A porter carrying down timber from Chikala Forest to the main road close to Mposa
Forest destruction just below the highest peak between campsite and peak to the north
Forest loss on the north west side of Chikala Forest, all these pictures taken on December 14, 2024
The four hikers indicated that during a hiking visit on Chikala Forest Reserve in early 2024, illegal logging activity was observed in some portions of the forest but come December 2024, they “witnessed massive deforestation taking place in many, if not all, sections of the forest”.
They thus exposed their recent findings in an attempt to raise awareness so that forest loss can be stopped to save the Chikala Forest Reserve, which is a mid-altitude Afromontane rainforest reported to be a size of 285 hectares, which was gazetted as a Forest Reserve as part of the larger Liwonde Forest Reserve exactly 100 years ago, in 1924.
“Until very recently, the forest was in good health and relatively untouched by logging,” said the group in their report, adding that they climbed up to a rocky plateau just under the highest point via Mchilima, where exists an illegal settlement within the forest reserve.
They indicated that the Miombo woodland in the forest reserve was previously surrounding the evergreen forest but it has been cut down completely paving way for sorrounding community member to encroach “within 500m of the evergreen forest edge with maize gardens being the chief form of land use”.
Forest destruction at summit of Chikala Forest, south east side
Loggers’ camp in the middle of Chikala Forest
“Burnt out charcoal pits are commonly seen as the last stumps of miombo trees are removed,” said the report. “Further on, during our hike through the evergreen forest, we witnessed an enormous number of large tree stumps, too many to count.”
They further reported that the forest in many sections, especially just below the peak has been removed for over 50% and that in most sections of the hike, canopy cover is gone.
“We heard the sound of, at least, four large canopy trees being taken down during these 24 hours. Day and night, the sound of pit sawing and chatter at illegal logging camps is heard from all sides of the peak.
“Logged areas include a large patch southeast of the campsite on the lower peak just under the highest peak. The saddle between the campsite and the highest peak to the north-west is now almost completely denuded.”
The group also took note of “obvious pollution of the forest sections under logging by plastic waste and human excrements forming a danger to public health — saying: “This has already diminished the touristic value of Chikala Forest.”
Spectacular view from the summit of Chikala Hills in the forest
They advised that there was need to protect what is remaining, saying: “Despite the massive onslaught we witnessed, which can perhaps best be described by ecocide, Chikala Forest is still partly intact and has enormous biological and cultural value.
“We identified several iconic and highly threatened bird species, such as the Greenheaded Oriole (close to extinction in Malawi and only found on Chikala and possibly in Thyolo) and the Thyolo Alethe, a species confined to south-eastern Malawi, and identified mammals such as elephant shrew and duiker.”
A member of the country’s Weather Chasers, Eric Mcheka, applauded T/A Mposa, saying: “It is reinvigorating to hear that we still have patriotic chiefs in the name of Chief Mposa.
“It would be great if our media could put him in the limelight for other chiefs to learn from him. Another way of amplifying his role and motivating him would be to appoint him as Conservation Ambassador for Chikala Hills.
“You may note that Chikala Hills is under threat from all angles. While he is making good efforts in protecting the natural forest on his side, the rest of the sides of the hill have been stripped off by the merciless charcoal makers.
“A case in example is Kwilasya and Mangulu side going to Ntaja,” said Mcheka, who is also a journalist of repute.
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