UPND COUNCILLOR DRAGGED TO COURT FOR ILLEGALLY BUILDING ON SEWER LINE

A UPND councillor, Cosmas Tembo, has been dragged to court for allegedly illegally building on the Lusaka City Council (LCC) land, which has trunk sewer line for the Lusaka Water Sewerage Company Limited, located along Lake Road in Kabulonga.

According to the court documents, Mr Tembo, a councillor for Kabulonga Ward 19, has no authority from LCC to construct a car wash on the land in question as it cannot be sold or leased off to private individuals.

Ms Josephine Mapoma, suing as administrator of the estate of the late Dimas Mwila and late Juliana Kunda Mwila, sued Mr Tembo in the Lusaka High Court demanding among other reliefs, that the structures so far built on the disputed portion of land be immediately demolished.

Ms Mapoma stated that Mr Dimas and Ms Juliana were a couple and their estate is comprised of subdivision no 372 of stand no.100 along Lake Road, Kabulonga. "The property (couple's property) is at the road frontage at Lake Road, Kabulonga near the corner of Lake Road and Twin Palm Road. It has two access points but the most visible access is the one from Lake road as it is the main road and leads to major commercial centres," she said. She added that the said property had office blocks rented to a third party and it is fenced off leaving a gate from the entrance from Lake Road.

Ms Mapoma explained that to access the property through the gate from lake Road, one has to pass through the LCC land.

She submitted that in October 2005, the late Mr and Ms Mwila and other two neighbours through their joint lawyers Nixon Chambers applied to LCC for acquisition of the said portion of land so that the property be extended up to Lake Road.

Ms Mapoma said LCC declined to grant the applicants saying the portion of land has trunk sewer lines.

"However, LCC granted permission to fence off the said portion of land such that the wall fence covering the property be extended so as to envelope the said portion of land. This was on condition that no structure were to be built on the said portion of land and it remained council land," she said.

But she was recently shocked when unknown people with garden tools were clearing the portion of land. Ms Mapoma said the said people introduced themselves as UPND cadres sent by Mr Tembo with the instruction to build a car wash.

She said the family did approach Mr Tembo to know if he had received authorisation from LCC to build on the land, he instead emphasised that he was a ward councillor for the area and a member of the local authority.

Ms Mapoma said when the matter was reported to LCC, the local authority refused granting the councillor permission to build on the land.

Ms Mapoma, therefore, wants the High Court to declare that the estate of Mr Mwila is entitled to have access to stand no 100/372 Kabulonga from Lake Road frontage.