Houses being built on wetlands, massive deforestation, excessive erosions and the pollution, Does we have environmental regulation agency? Yes we do, In Zimbabwe the Environmental Management Act [Chapter 20:27] was passed, through Statutory Instrument No. 13 of 2002 and the Environmental Management Agency [EMA] was formed under the Ministry of Environment. 

Chapter 20:27 states that it is an Act to provide for the sustainable management of natural resources and protection of the environment; the prevention of pollution and environmental degradation; the preparation of a National Environmental Plan and other plans for the management and protection of the environment; the establishment of an Environmental Management Agency and an Environment Fund; to amend references to intensive conservation areas and committees and associated matters in various Acts; to repeal the Natural Resources Act [Chapter 20:13]; the Atmospheric Pollution Prevention Act [Chapter 20:03], the Hazardous Substances and Articles Act [Chapter 15:05] and the Noxious Weeds Act [Chapter 19:07], and to provide for matters connected with or incidental to the foregoing.

The Environmental Management Act provides the establishment of different boards and agencies to provides for the formulation of environmental quality standards and environmental plans, environmental impact assessments audit and monitoring of projects and for other matters relative to management and conservation of the environment. 

Comparison between that is on paper and ground

The Act [Chapter 20:27] as stated above it has all the mandates and duties but on the ground that is different on what we are seeing in our environment. I believe that EMA is a toothless bull dog since it can not enforce the Act and does not have the arrest power. It is further weakened by the politics. EMA is under the Ministry of Environment and the minister is appointed by the President. The minister serves the interests of the President which are generally political so it if EMA formulates a plan that does not serve the political interests, the Minister will disapprove it. 

The Environmental Management Board [EMB] to impose environmental levy they need to sit down with Minister of Finance. The Minister approves the levies bearing an interest of political effects on the levies. The Environmental Fund [EB] remains constricted since they are forced to agree for a lower penalty fees which are not painful for the environmental law offenders and more affordable. That is the problem we as developing countries face that politics come first before anything. 

For example EMA has failed to impose a tough environmental levy on the tobacco farmer and the miners because of the government interests. Tobacco has accounted for 15% of the Gross Domestic Product [GDP] and 25% of the Total Exports, so it is difficult for EMA levies to be approved as they will discourage the farming of tobacco. Tobacco is banned in other countries and it is restricted to some countries because of its negative environmental impacts. The Forestry Commission and The Environmental Management Agency estimated about 15% loss of indegenous forests annually due to tobacco curing. The environmental agency has become more of a statistics provider to the people's government.  The government will do anything to remain clinging on power so it acts to satisfy the environemntal offenders at the expense of environmental conservation as witnessed by the reversal of the tobacco tax on tobbaco farmers. 

Developing countries will continue to face that problem of non compliance to the envrionmental guidelines because of non-independence between the agencies and the government. The judiciary courts, environmental bodies and law enforcers are all captured so the legislation becomes just a structure with no support and function. 

REFERENCES

EMA sources [Online last accessed on 10/01/2021 ] https://www.ema.co.zw/agency/downloads

Environmental Management Act [Chapter 20:27]

The Herald [Online last accessed on 10/01/2021]  https://www.herald.co.zw/zim-loses-millions-in-unpaid-carbon-tax/