Residents present legal case against tourism development proposals at Victoria Falls

Recent press reports in Zimbabwe have detailed the submission of a legal appeal by a group of local residents in Victoria Falls against permits issued by the National Park Authority for the operation of tourism activities to Cataract Island and development of a restaurant immediately above the Falls. 

The documents name Adage Success Private Limited and Scanner Investments Private Limited as respective respondents in the controversial proposals to operate tours to Cataract Island and development of a new riverside restaurant immediately above the Devil's Cataract, both sites being located within the Victoria Falls National Park and Victoria Falls National Monument 'Special Area,' and integral parts of the UNESCO World Heritage Site.

" 'The purpose of this application is to prevent the development of commercial interest at the cataract and rainforest sites, which development would only suit the commercial operators and would negatively impact on the global aesthetic perspective of the Falls,' reads part of the application.

" 'It is clear and simple to note how the aesthetics of this historic and pristine site would be detrimentally affected. The risk is too great to the applicants and the Zimbabwean public as regards a crucial environmental area of our country, and accordingly, this application is filed in the public interest...

" 'I further submit that the allocation of cataract to the first respondent and rainforest to the second respondent has significant and material effects as regards the future and rights of the public of Zimbabwe and notably constitute a genuine threat to the preservation of the Victoria Falls as a World Heritage Site.

" 'In essence, therefore, the process of the law, and the privileges granted to Zimbabweans have been flouted by the third respondent (Parks and Wildlife Authority) and other authorities involved in the granting of the concessions. The alleged permits cannot be taken on review as no such permits have been evidenced or tendered. The entire process is being sought to be carried out in a clandestine manner,' excerpts of the application read.

Historically, the applicants submitted, no commercial enterprises on the cataract and the rainforest have been allowed.

“The applicants bring the present application for the respondents to confirm whether or not any lawful permit as regards two commercial sites in Victoria Falls have been issued and to provide written reasons as regards same and to confirm whether all due processes were complied with as contemplated with the Administration of Justice Act,” reads the High Court case number HC 3576/22." (Zimbabwe Independent, July 2022)

In a subsequent follow-up article published online on 5th August it was reported that the Environmental Management Agency had confirmed the issuing of approval for the riverside restaurant proposal.

"EMA spokesperson Amkela Sidange told the Independent that Scanner Investments had been issued with an Environmental Impact Assessment (EIA) certificate after weighing submissions made by key stakeholders including the Unesco local office.

" 'Scanner has an EIA certificate whose approval came with recommendations from landowners and relevant stakeholders who include the local Unesco office,' she said this week, explaining that she was not aware of the nature of the commercial project the firm intended to set up in the delicate areas of the falls." (Zimbabwe Independent, August 2022)

It is unknown what information on the proposal was disclosed to the UNESCO regional office (in Harare) or what if any official comment on the proposal was made. It appears, however, that the EIA document and certificate have been approved on the basis of a mistaken claim that the site is located outside of the highly sensitive ecological 'red' zone and therefore is an 'allowed development.' the site is, and always has been, located within the core 'red' zone of the World Heritage Site and as such the development should not be allowed.

The EMA spokesperson also clarified that no EIA had been submitted in relation to the proposal to operate tours to Cataract Island, including swimming in the natural plunge pools which form on the lip of the Falls, as there would be no infrastructure development on the site.

"Commenting on Adage Success, Sidange said the firm had not been issued an EIA, but was aware that its proposal spelt out intentions to set up recreational swimming facilities within the Rainforest is not an 'infrastructure' project." (Zimbabwe Independent, August 2022)

Whilst the National Park Authority may have decided that a EIA was not necessary for the proposal, the Victoria Falls National Park is also part of the UNESCO World Heritage Site, and UNESCO have previously specifically requested an Environmental and Social Impact Assessment for this proposal, which has a controversial history.

“Further requests the States Parties to clarify the exact locations of all developments and the plans to utilize Cataract Island for tourism, and to submit to the World Heritage Centre for review by IUCN, an ESIA for each of these projects, including a specific assessment of the impacts on OUV.” (World Heritage Committee, 2017)

Tours to the island were launched in April this year.

The controversy over these two new proposals comes at a time when there are serious concerns over the management of the Victoria Falls World Heritage Site, with the new Mosi-oa-Tunya Livingstone Resort development in Zambia attracting critical comments from a recent UNESCO fact-finding visit to the site (held in February). 

A report on the findings of the visit, due to be presented to the next meeting of the World Heritage Committee, warns that the Victoria Falls World Heritage Site "is facing increasing threats from individual and cumulative infrastructure developments" and concludes that the Outstanding Universal Values for which the Falls are globally recognised could be considered to be in danger if current development proposals proceed without the appropriate level of consideration for the environment.

Since the visit, however, details of a raft of tourism development proposals have emerged on the Zimbabwean side of the river, raising serious concerns over the future of the World Heritage Site.

Further Reading

Victoria Falls Bits and Blogs (June 2022) Cataract Island Tours Threaten Victoria Falls World Heritage Status (external link, opens in new window).

Victoria Falls Bits and Blogs (July 2022) UNESCO Report Raises Concerns Over Controversial Zambian Hotel Development at Victoria Falls (external link, opens in a new window).

World Heritage Committee (2017) Conservation issues presented to the World Heritage Committee in 2017 (external site, opens in a new window).

World Heritage Committee (2022) Mission Report Mosi-oa- Tunya, Victoria Falls (Zambia/ Zimbabwe) 9-13 February 2022 (pdf download [3.16 mb], opens in a new window)

Zimbabwe Independent (July 2022) Dogfight over Victoria Falls (external site, opens in a new window).

Zimbabwe Independent (August 2022) Praz disowns Vic Falls project (external site, opens in a new window).

Keep Victoria Falls Wild

Read more on current wave of tourism developments which threaten Victoria Falls: Keep Victoria Falls Wild (external site, opens in a new window).

Local residents and stakeholders have also established an online petition against these and other tourism developments which currently threaten the wildlife and scenic value of the Victoria Falls and surrounding area.