
Over 5,000 residents of Chelstone township have sued Patriotic Front (PF) general secretary Wynter Kabimba and three others for allegedly constructing a toilet on prime land meant for a shopping mall.
The plaintiffs have also sued a Mr Zulu of Chelstone, Sard Tech Company, and Lusaka City Council (LCC).
This is according to a writ of summons filed in the Lusaka High Court principal registry by the residents’ representative Dauzeni Tembo.
Mr Tembo says Mr Zulu, Sard Tech and Mr Kabimba are allegedly working in league to commission the unplanned development while LCC, which is the city’s planning authority, is not doing anything.
“The first defendant (Mr Zulu), second defendant (Sard Tech), and third defendant (Mr Kabimba) have commenced construction of a toilet on a prime land of Great East Road in Chelstone area, upon which the community desires that a shopping mall be constructed as none exists in the area,” Mr Tembo says.
He adds that the area is too prime for construction of a mere toilet ‘as the said area is a gateway to the capital city and therefore desires a better structure’.
Mr Tembo says Mr Zulu, Sard Tech, and Mr Kabimba allegedly have no legal documents to support their action.
“In the meantime, the fourth defendant (LCC) has taken no steps to stop this nuisance despite a committee of residents making a representation (to the local authority),” he says.
Mr Tembo adds that it has now become prudent for the plaintiffs to seek the court’s indulgence for the sake of Chelstone and Lusaka, as such a development will only add to the city’s ugliness, especially that the toilet is being built on prime land.
He has since asked the court to declare that the first three defendants’ action to construct a toilet on prime land designated for a shopping mall is wrongful and illegal.
He is further seeking a court order to direct LCC to take all steps that will ensure that the said piece of land is not subjected to activities that are contrary to its approved use.
The case has since been allocated to Judge Munyinda Wanki.
Meanwhile, Government says it will not entertain cadres from any political party that will engage in illegal allocation of land.
Minister of Lands Gladys Lundwe said illegal allocation of land is rife in Lusaka, adding that those who will be found guilty will face the wrath of the law.
Ms Lundwe said this in an interview in Lusaka yesterday following allegations that some cadres, including those from the MMD, are involved in land wrangles in Ng’ombe township.
She clarified that Lusaka MMD chairperson William Banda was engaged to help establish whether it was true that party cadres are engaged in illegal allocation of land.
Ms Lundwe said a taskforce was formed to stop the culprits from continuing with the vice.
Ms Lundwe said this is contrary to claims by Mandevu Patriotic Front (PF) member of Parliament Jean Kapata that Mr Banda is the master-mind in the fracas.
“When the ministry got reports and claims that MMD cadres are grabbing land from residents of Ng’ombe township, we thought it wise to engage Mr Banda so that he could ascertain whether it is members from his party who are involved in that activity.
“The police are doing a good job but we thought it will be more appropriate to involve Mr Banda so that he can identify the people involved,” Ms Lundwe said.
She said it is not right for political leaders to publicly accuse one another of allocating land illegally as this has potential to cause confusion among their cadres.
Ms Lundwe said her ministry has received a number of reports of leaders who are allegedly involved in illegal land allocation and that the cases are being dealt with administratively.
She said leaders will not be able to control their membership if they cannot conduct themselves in an orderly manner.
Ms Lundwe also advised members of the public to be honest when submitting information to the ministry.
She noted some people have gone as far as pretending to be displaced when in fact not.
“I recently visited a site near SOS Children’s Village where I found women who pretended to be squatters and needed land, but it was later discovered that they were actually just ferried there by some unscrupulous people.
“Their plan was that should they have been given land, they would have later demarcated it and sold it to other people,” she said.
Ms Lundwe said the ministry is trying its best to resolve land problems but that it is saddening that some individuals are not being honest.
She said the MMD is a Government of laws, adding that those found wanting will not be spared by the law.
Ms Lundwe has since advised affected people in the Ng’ombe saga to dialogue in trying to resolve the matter.
She said her ministry is ready to meet all the parties to settle the matter amicably.
[Zambia Daily Mail]