FIGHT AGAINST CHINESE DEVELOPER INTENSIFIES
THE raging conflict between the Kalundu community in Lusaka and the Chinese developer putting up a mall in the area is far from over as the residents have now taken the matter to new Local Government Minister, Charles Banda.
In a letter dated September 17, 2019 and signed by community secretary Maggie Nakazwe and her vice Namwinga Sichula, the residents have maintained that Lusaka City Council (LCC) Town Clerk, Alex Mwansa, allowed the developer to resume developments and lifted the enforcement notice issued in 2017, with glaring irregularities. They contend that Mr. Mwansa’s action was not only suspiciously irregular, but also in contempt of court as there was a ruling which ordered the developer to halt the project. They said the matter started in 2017 when residents noticed demolition and other activities at the corner of Lusemfwa and Libala Roads on Stand No 5477 Kalundu and that the case was active in the High Court of Zambia before Judge Mwila Chitabo SC - Case No 2018/ HP / 0042 for judicial review. They said in the April 24, 2019 ruling, Judge Mwila Chitabo quashed the decision letter of the then Minister of Local Government Vincent Mwale for accepting the request by Shumeite to resume construction which was halted by LCC through an enforcement notice and that leave to appeal was granted but that Shumeite failed to appeal. They said in a letter dated June 17, 2019 Mr. Mwansa allowed the developer to resume construction and lifted the enforcement notice issued in 2017. “The developer continues to contravene the provisions of the law which include the Local Government Act, the Public Health Act Cap 295, The Urban and Regional Planning Act No 3 of 2015 and the Environmental Management Act (EMA). “Under Cause number CAZ/08/230/2017 in the Court of Appeal the ruling dated January 30, 2018 it was ordered that the leave should also operate as a stay. Courts have not discharged the leave and stay against Lusaka City Council,” reads the letter in part.