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]

THE Lusaka High Court has dismissed an application by Patriotic Front (PF) president Michael Sata for an injunction to stop the TIMES newspaper from publishing articles about him.

Lusaka High Court Judge Evans Hamaundu said in a ruling that he had declined to grant an injunction sought by Mr Sata, who wanted an interlocutory injunction to restrain the Times from publishing what he alleged were defamatory words concerning him.

Mr Sata had said in the affidavit in support of his application that the Times published articles that concerned him in several of its editions in February this year.

The affidavit said the words in those articles were understood to mean that he was not a law abiding citizen, that he had a criminal record, that he was not a sincere Christian and that he was a dishonest person without integrity.

Mr Sata wanted the defendant, Times, to be restrained by way of a court order from repeating the publication of defamatory matters because he was likely to suffer irreparable injury as his political ambitions and standing in the Catholic Church could not be atoned for by damages.

The Times, through their lawyers Brian Singine and Joseph Musonda, filed an affidavit in opposition to the application saying that the plaintiff, Mr Sata was a president of the main opposition political party in Zambia and was for that reason a well-known public figure whose conduct the general public were entitled to comment on.

“The defendant published the articles complained of in the discharge of a public duty to the general public,” the affidavit says.

It said the Times were not the originator of the information contained in the articles and prior to the publication of the articles the defendant had contacted Mr Sata for his reaction.

At the hearing, Mr Sata’s lawyer John Mulwila said there were serious matters to be tried namely, whether or not the plaintiff was dismissed from the police because of a criminal offence and whether or not he led a polygamous life.

The court was asked to grant an injunction if there was prima facie evidence that the statements made were not true.

The plaintiff’s contention was that when it came to matters concerning a political career, the issue of damages would not suffice and only a freezing order would do.

In response, Times counsels argued that the question of whether an injunction ought to be granted or not was to be determined by reference to the circumstances and the state of the law.

“An injunction will not be granted if it will be oppressive to the defendant. The defendant will be able to substantiate the material complained of once the matter proceeds to trial.”

The lawyers argued that the defendant has not continued to publish the same material but has published different articles on different subjects.

An award of damages would sufficiently indemnify the plaintiff if he succeeded in that action.

Mr Justice Hamaundu said in his ruling that in such a matter, the newspaper’s right to freedom of speech should be considered.

He said the articles complained of could be defended successfully by the defence at trial and to satisfy himself, he wanted to closely look at the articles complained of.

The first article, the judge said, showed that it was a report by the Times of words said at a Press conference by former president Frederick Chiluba who was also responding to utterances that Mr Sata had said about him and his wife.

The rest of the articles showed that they were reports of what other people had said and in those articles, Mr Sata was quoted as having made some response or other to the utterances.

“Clearly, the defendant was merely disseminating what other people including the plaintiff were uttering.

However, the defendant was making attempts to balance the utterances by seeking the reaction of the plaintiff,” Mr Justice Hamaundu said.

He said the matter was an appropriate case where the defendant’s rights should remain protected and for that reason, he declined to grant the injunction sought.
[Times of Zambia]

Five people died on the spot in MUNGWI district, Northern Province after being hit by a motor vehicle on saturday.

An unregistered TOYOTA Nadir lost control and hit 26 people killing five on the spot.

Northern Province Police Commanding Officer CHARLES LUNGU told ZNBC news that 21 people are admitted in KASAMA General Hospital.

Mr LUNGU said the driver of the vehicle is being held by Police and has been charged with careless driving.

Mr. LUNGU said the fifth person who died was a passenger in the vehicle which was involved in the accident.

He said upon seeing what the driver had done the passenger got off the vehicle in a state of confusion and started running.

The passenger was however run over by the vehicle he was in as the driver tried to run away from the scene of the accident.

The accident happened on SATURDAY 10th April.

ZNBC

President Rupiah Banda was this afternoon among several mourners who attended a church funeral service for the late former Works and Supply Minister Hazwell Mwale at Lusaka’s Cathedral of the Holy Cross.

Mr Banda was joined by former Presidents Kenneth kaunda and Fredrick Chiluba who also attended the church service.
Earlier, Dr Kaunda described Mr Mwale as a man who stood for unity and peace.

He said Mr Mwale contributed immensely to Zambia and its neighbours during the liberation struggle.
Government has accorded Mr Mwale a State funeral.

Mr. Mwale who is survived by two children will be put to rest at the New Leopards Hill memorial Park in Lusaka this afternoon.
In 1964 Mr Mwale served as Chama MP while between 1969 to 1988 he was Lumezi MP.
Mr. Mwale died at the age of 79 in Lusaka on Thursday last week.

President Banda has also declared Monday April 12th, 2010 a day of national mourning in honour of the late former Minister of works and supply Hazwell Mwale.
ZNBC

Communications and Transport Minister Professor Geoffrey Lungwangwa has said government is working on improving safety of inland water transport to mitigate water accidents in the country.

Responding to the recent deaths of people on Lake Tanganyika and Kafue River after their wooden boats capsized while trying to cross on water, Professor Lungwangwa said government has already started putting up measures to mitigate the impact.

He said government is currently rehabilitating the post boat on Lake Bangweulu to serve people’s need of inland water transport.

Prof. Lungwangwa disclosed that government is also procuring a boat on Lake Bangweulu in an effort to boost inland water transport.

He said government would rehabilitate another post boat in Mongu to be used to serve people on the Zambezi River.

Meanwhile, the Minister described the accidents as unfortunate and untimely adding government could not do anything to prevent them.

He said government would work hard to ensure that there were no accidents of such nature.
QFM