Daily Nation Newspaper

LCC face court action

- By BENNIE MUNDANDO

THE Ministry of Local Government and Lusaka City Council (LCC) risk being dragged to court by Kalundu residents after failing to halt the constructi­on of a mall in the area after a 24-hour ultimatum given by the residents’ legal team was ignored.

In a letter dated January 4, 2017 addressed to the Town Clerk and copied to, among other institutio­ns, Ministry of Local Government, the lawyers had given a 24-hour ultimatum to halt constructi­on by Shumeite Holdings Limited because it had not complied with most of the conditions set out by ZEMA. The lawyers said further to the continuati­on of the judicial review over the matter, their clients did not agree to any Memorandum of Understand­ing (MOU) to be signed among the council, the developer and residents. They also demanded that if the local authority failed to adhere to the residents’ concerns within the stipulated time, they had been given full instructio­ns to sue as attempts to legalise a structure would never be condoned. “We confirm that we have now received our client’s full instructio­ns. Our instructio­ns are that the Judicial Review proceeding­s commenced by our clients against the council will not be withdrawn and will proceed until this matter is fully determined. Our further instructio­ns are that our client did not agree to any MoU to be signed between the council, the developer and our clients. “Our instructio­ns are that you comply with your statutory responsibi­lity and request that any developmen­ts should stop forthwith. Should we not have a response within the next 24 hours, our client’s fully reserve their legal rights against the Ministry of Local Government and the council for purportedl­y authorisin­g continuati­on of the project without due regard to the law and the pending Judicial review proceeding­s,” the letter reads in part. Meanwhile, one of the immediate neighbours, Mutale Mulenga, has written to ZEMA regional manager, chroniclin­g the conditions that Shumeite had abrogated with impunity and asked for the agency’s immediate interventi­on. “Consent has not been given by immediate neighbours nor have we been in any discussion to grant approval while the proximity of the building to adjacent neighbours’ wall is less than the 3 metres stipulated. Our wall has been damaged/ dropped by the contractor as a result. “The extreme noise pollution has disturbed our guest house business thus we have incurred losses to generate revenue. My immediate family and infant son are under constant duress disturbing our sleep patterns and we are experienci­ng headaches because of excessive noise,” reads Mr. Mulenga’s letter in part. But a check by the Daily Nation at the premises yesterday found constructi­on had continued with the project now reaching the third floor.

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