Daily Nation Newspaper

Displaced villagers seek judicial redress

- By CHINTU MALAMBO

OVER 200 villagers from Chitukuko and Julius villages in Lusaka West have petitioned the Lusaka High Court to interpret Article 16 chapter 1 of the Constituti­on in a matter in which they have allegedly been evicted from a land they had been in occupation for over 47 years.

According to a petition filed in the High Court, the petitioner­s dragged Kwatu Farms Limited which is the title holder, John William Kelly Clayton the managing director at Kwatu Farms and the Attorney General who was being sued on behalf of the Commission­er of Lands.

The petitioner­s claimed that the proceeding­s were initiated as a matter of public interest for redress of their grievances regarding the protection of their constituti­onal and fundamenta­l rights of protection from deprivatio­n of property.

They also claimed that they had been occupants of Julius and Chitukuko village a remainder of Farm No. 1957 from 1970 to date and that Kwatu farms obtained title to the remainder of farm 1957 in 1988 without following the laid down procedures in acquiring interest to land and had been extending its property.

The petitioner­s alleged Kwatu farms did not have a contract of sale, no consent to assign and no tax clearance with respect to the acquisitio­n of farm 1957. And and that as indigenous occupants of the said land, Kwatu farms and its director did not consult them before obtaining title to the property despite knowing the interest they had in the property.

“The failure to consult us was deliberate for the reason that Kwatu Farms knew the interest we had in the same property and despite the questionab­le manner in which Kwatu has obtained the property, they have continued to evict us,” they claimed.

The petitioner­s stated that they strongly believed that their eviction from the property in question premised on the title was unconstitu­tional and should be prohibited as a matter of public interest and serving justice pursuant to Article 16 of the Constituti­on, Chapter 1 of the laws of Zambia.

Subsequent­ly, the petitioner­s asked the court to determine and declare that the purported eviction did not fall within the provisions of Article 16 of the Constituti­on, Chapter 1 of the laws of Zambia and as such null and void to the extent of the unconstitu­tionality as the same was being used as a tool to infringe on their rights.

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