IS LCC ABOVE THE LAW?

WE find it strange and shocking that the Lusaka City Council (LCC) would claim to have superiority over a court ruling when no one, institution or otherwise is above the law. It is strange that a High Court order protecting the interests of Zambians would be ignored willy nilly by a local authority whose main interest is to serve the residents. Lusaka’s Kalundu residents are in court today fighting the construction of a shopping in the area for reasons that have been advanced in their court papers. It is not our job to reproduce those reasons or indeed to justify them, but rather to put out that the law is what guides all of us, leaders and citizenry alike. What the Kalundu residents did as aggrieved party was to seek legal help in solving the impasse between them and the construction firm or owners of the proposed shopping mall. This we believe was taken after the residents exhausted the various grievance channels including protesting to the LCC, Minister and the Zambia Environemntal Management Authority (ZEMA). We are not against construction of shopping malls because this not only provides employment opportunities, but also helps to take services closer to people. What we find objectionable is attempts to circumvent the law because one party thinks they have authority and can therefore do as they like regardless of what is legally on the ground. What we do know for now is that a High Court order stopped any further construction on that shopping mall and whether the council wants to pretend or not, they know that we are right on this. How can the local authority, which by its existence enforces the law in many cases, ignore a High Court order just because it favours the residents? This is wrong and appalling. The history of this case is well documented and the fact that the residents are not giving up also goes to show that they have confidence in the law. If they did not, they could have occupied the construction site as part of their protest. For the avoidance of doubt, this is what the court ruled: On April 24, 2019, High Court Judge Mwila Chitabo ruled that it was wrong for Mr. Mwale (Minister of Local Government) to accept the request by Shumeite to resume construction on the project which was halted by the LCC through an enforcement notice. “I grant the order of certiorari quashing the decision of the 1st respondent (Mr. Mwale) to accept the request by the interested party (Shumeite) to resume a proposed construction of a business which construction was halted by Lusaka City Council through an enforcement notice. “I further declare that his decision was procedurally improper, being in defiance of section 53 (2) which is a mandatory provision,” Judge Chitabo said. You do not need to study law to know what this ruling means. Furthermore, contrary to what the shopping mall owners suggested, neither the Daily Nation nor its reporters have been paid to report on this matter. It is a story of public interest and we feel duty bound to highlight complaints from residents without expecting any gain. We would urge the LCC not to exhibit pomposity but to sit down with the Kalundu residents and seek an amicable solution.