A 30-year-old businessman of Site and Service township in Monze district has been taken to court by the Monze District Council Environmental Health Sector for violating public health laws.
Kelvin Mazila Moyo, who owns a pup called Top Pub, has been charged with three counts by the court in Monze with the first one being Failure to Abate a nuisance, contrary to section 69 (1) (3) with section 64 of the public health act cap 295 of the laws of Zambia.
In the second count Moyo is said to have sold food under unsanitary conditions, contrary to Section 7 of the Food and Drugs Act Cap 303 of the Laws of Zambia while in the third count he charged with selling liquor without a licence, contrary to section 40 (1) (a) of the Liquor Licensing Act Cap 17 of the Laws of Zambia.
Facts before resident magistrate Kahonyi Mushabati are that under count one, between
July 2005 and March 2007, Moyo constructed a toilet building without submitting
building plans for approval of Monze District Council.
It is stated that the toilet had resulted into a nuisance, affecting the community
in the near vicinity of Nchete compound and the council demolished it after the
accused failed to comply with an order that was issued to him to demolish it.
The second count is stated that the accused sold food in terms of opaque beer under
unsanitary conditions and council warned him to ensure that a health permit was
acquired.
In the third count the businessman was warned to close the pub in question for
operating without a liquor licence and patrons of the bar were urinating in
premises belonging to other people in the near by vicinity due to lack of adequate
sanitary facilities, causing a great health risk to residents of Nchete compound.
And Moyo, who refused to make an oath before the court, denied all the three counts
said before opening his pub in August 2005 he approached the council for procedures
of which the public prosecutor, who is also the council Environmental Public Health
Specialist, advised accordingly.
Mr Moyo however disclosed that Mr. Musenga approached him for money to use for
transport to Livingstone and told him that he was going to pay the money directly to
the council for the health permit and not giving it back to him.
Mr. Moyo further disclosed that the Mr Musenga again got money amounting to K150,000
which he said was going to be paid to council for the liquor licence.
He added that all this was not fulfilled and his bar operated for a period of time
without the health permit and liquor licence but was only using a protection order.
He said the council had approached him again trying to close his bar but he refused
because he had given some money to Mr. Musenga.
When asked whether he had witnesses or not, Moyo refused that he had any, and the
case was adjourned to June 29 for mention and July 6 for judgement.
ZANIS
