Kalundu Mall: LCC ignores court ruling

IN an attempt to regularise the construction of the illegal Kalundu mall which was halted two years ago, some officials within the Lusaka City Council (LCC) are now attempting to override the High Court ruling and claim the Chinese were given a go- ahead.

After the developer irregularly commenced construction, the Lusaka City Council on June 6, 2017, ordered Shumeite to demolish the structure and restore the land to its original state.

After Shumeite defied the LCC notice, in August 2017, the residents filed a renewed application in the Court of Appeal of Zambia for leave to apply for judicial review in the matter of the Urban and Regional planning Act No. 3 of 2015 in relation to the mall.

While the matter was before the Court of Appeal, on November 9, 2017 ZEMA approved, with conditions, the developer’s Environmental Project Brief (EPB) submitted on July 28, 2017.

Minister of Local Government Vincent Mwale also authorised the developer to proceed with the construction of the mall in a letter dated November 13, 2017. On January 4, 2018, the dissatisfied residents, through their lawyers, wrote to LCC Town Clerk reminding him of the pending Judicial Review proceedings that were commenced and gave the council, a 24-hour ultimatum to address the issue or face legal action.

The residents then dragged Mr. Mwale, ZEMA, LCC, and Shumeite to the High Court for allowing continuation of the project without due regard to the law and the pending Judicial Review Proceedings .

On April 24, 2019, High Court Judge Mwila Chitabo ruled that it was wrong for Mr. Mwale to accept the request by Shumeite to resume construction on the project which was halted by the LCC through an enforcement notice.

Yesterday, LCC public relations manager George Sichimba dismissed the Daily Nation story that the Chinese were in defiance of the High Court order saying they were given authority by the council. Quizzed to explain if the council had the power to override the High Court ruling, he maintained that the council had given the Chinese permission.