Around this
period in 2010, a new law that sought to criminalize fouling of the air was
dominating public debates. Whether one was on face book, in the minibus or even
at a pub, talk was about whether the law
wanted to ban farting in public or it had other intentions.
According to
the then justice minister, Dr
George Chaponda says the bill would have
criminalized flatulence to promote "public decency".
"Just
go to the toilet when you feel like farting," he was quoted by the BBC as
having told local radio.
Of
course Chaponda’s interpretation was directly contradicted by another senior
government official, the Solicitor General Anthony Kamanga, who said that the
reference to "fouling the air" meant pollution.
"How
any reasonable or sensible person can construe the provision to criminalising
farting in public is beyond me," he said, adding that the prohibition
contained in the new law has been in place since 1929.
The
Local Courts Bill, which contained the controversial decree read: "Any
person who vitiates the atmosphere in any place so as to make it noxious to the
public to the health of persons in general dwelling or carrying on business in
the neighbourhood or passing along a public way shall be guilty of a
misdemeanour."
The
local courts bill did not make it into the laws of Malawi due to the stiff
opposition from Malawians. However, events in most cities and towns, in my
opinion suggest that taken from Anthony Kamanga’s point of view, the law could
really have been very useful in guaranteeing public health.
Just
recently, residents from a neighborhood in Likuni, were angry with one business
person who they accused of fouling their air through their piggery business.
The stench from the pig Kraals, was unbearable for the neighbours. However,
this is just a small scale economic activity, there are other bigger companies
who are also fouling our air.
Take
for example, the many companies who are involved in production in our country.
Think of how they manage their waste. For those who have recently travelled the
M1 road, between Kanengo and Lumbadzi, you would not miss the stench that is
coming from one company involved in the production of livestock feeds.
If
that is not enough, take the Salima
road, from Kanengo (Salima turn Off), before you reach Mchezi, another company
is producing fertilizers while other companies dump their tobacco waste close
by. The stench that comes from these companies waste, is as well indescribable.
Well
let us look at it this way: The company, that is along the Lumbadzi road,
stands between Lilongwe city and Kamuzu International airport. It as such
stands within the gates of the city. It is a pity, that for visitors coming
into Malawi through KIA and Lilongwe, are greeted by such foul smell.
It
is equally disheartening that the tourist travelling to the lake through Kanengo must go
through the stench produced from the fertilizer and the tobacco waste.
Surely,
these companies do have a right to pursue their different economic
activities. It is a fact that the
companies are employing a lot of Malawians and giving them a source of
livelihood. Yet, in as much as these activities are important, the companies do
not have a right to harm the public by fouling the air.
One
then wonders whether, the local courts bill, was bad in its entirety. One also
wonders, whether the city councils have any other function apart from
collecting the city rates and the markets. Surely one would expect the councils
to be pro-active and put in place regulations that protect the public from
health hazards posed by the industrial activity. One would expect the councils
to protect the image of the city by ensuring that waste is disposed properly
and that the air within the city is clean.
Doesn’t
the deterioration of public sanity in Lilongwe and other cities confirm to us
that we might have missed an opportunity by rejecting the entire local courts
bill on the basis of a few bad elements within the proposed law? Surely, those who foul the air, must be heard
accountable.
No comments:
Post a Comment