Thursday, March 28, 2024

Council dragged to court to prevent tarring a township road.

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Three Mpulungu residents have dragged their district council to court seeking a court order restraining the council from tarring a township road.

This came to light when the residents complained that the council’s plan to construct a tarred road to pass through their plots, shall infringe on their rights as Zambians with a right to own property. Their fear is that their buildings will either be demolished or interfered with by the project.

They requested the magistrate court to prevail over the matter and restrain the council from proceeding with the road project saying it will put them at a disadvantage as they will suffer loss because if their houses are demolished.

The trio contended that they have all the legal documentation to prove that they own the plots through which a road is earmarked for construction by the council, adding that allowing the council to proceed with the road project will be unfair to the owners of the structures.

But the district planner Jonathan Simbeya said councils in Zambia are mandated by the Town and Country Planning Act to modify any piece of land for purposes of development.

He told the court that the complainants did not follow the necessary procedures when acquiring the plots in question, adding that this is evident by the trio’s lack of title deeds for the said plots.

ENDS/EK/PK/ZANIS.

31 COMMENTS

  1. I think thats the way to go, when these guys are not working lets drag them to court,it does not matter whether you are MMD, UPND or PF! we will drag you to court for failing to deliver to the people….

  2. let the law take its full course. if the folks dont have title deeds then they should move. the council can organise alternative land for them. i believe the road is for gretaer common good.

  3. Even if they have title deed. Development plans have provisions for road reserves… even where a plan has to be amended private property can be acquired by ” COMPULSORY ACQUISITION” to facilitate development for community good…..the problem in zed is ward chairmen and the like want to do planning when they dont understand a thing…..
    there has to be structure plans & development plans that will guide the development of these cities, town, bomas, villagers…

    ownership of private property is not absolute…

    iam busy developing other countries becoz in zed …so sad

  4. The heading misled me. I thought there was an already existing road which residents didn’t want tarred. That wouldnt would have been astonishing!

  5. Engage a property valuer to help you negotiate your compensation….unfortunately you can only be compensated for developments on the land NOT for bare land….

  6. These people should be compensated by the council if they have title deeds for the plot in question. But then how can someone have a plot encompassing a township road, what if he decides to put a wall fence across the road. whoever gave him the plot should be arrested.

  7. Glad people are doing this. We see this everyday in the western world. The chaps have to be compensated. But then again it is only on paper in Africa orif they are lucky, they will have to start paying somebody to get their copensation.

    Been there, seen it!

  8. LT The heading for this item is misleading. Have they been dragged to court for intending to ”tar the road” or for ”intending to construct the road”?? Please clarify.

  9. The legal systems in Africa is not independent. They are appointed by the guys in power and therefore they tow their lines. Until the legal or put it widely, the judiciary are independent, we are in for very long legal battles. I have a case in the courts that has taken ten years to sort out.

  10. this is retreogresive,premitive typicla of copperbelt and northern zed…everytime is confusion ! do this pipo go to school or spend their lives digging copper,fishing ?? its high time you thugs think ethically.

    you are a laughing object in even in shang’mbo here.

  11. Before I distract you from the main topic, I have changed lawyers three times but alas. It is really the system and not so much the lawyers.That is my reason for talking about the judicial system being dependent on the politicians. The judges are normally the problem because they don’t conclude cases in time and get moved and pushed around by politicians (the executive). Africa, Zambian in particular, is a Sad place and I usually support those of our colleagues who have left Zed.

  12. Title LT is misleading.Is there an existing road or just planning to construct one?
    In such a case if the road is existing then the owners of the buildings should be blamed for not following proper local authorities laws and the council shall erase the buildings for development.But if the road is not in existence, then the local authority shall compensate the owners of the buildings and re allocate them to a better place that they shall call home with a title deed too.

    Viva H H a man with a vision to empower Zedian to own houses

  13. 16 what point are trying to make ? I can forgive your abysmal spelling but not your unjustified insults.I doubt whether you spent much time in school.

  14. NO ROADS TO TARE IN MPULUNGU….. CAN WE JUST PUT THAT MONEY TO CONSTRUCT A MKT AT Ngwenya PORT /……. or send that money back to lusaka so that we could tare the finnished roads in the compounds …..

  15. #16 YOU ARE NOT WORTH LIVING….PLS JOIN THE TUTIS AND HUTUS IN RWANDA AND CONGO……….U ARE THE SAME PIPO CAUSING THE CONFUSSION IN THIS COUNTRY….WAHT A SHAME,
    SAVAGECUSTOMER,EXCOMMUNICATED,BARBALIC,IGNOMINIOUS,DISGRACEFUL,INFAMOUS YOU ARE TO THE SOCIETY….GOD FORBID…PLS REPENT MY BROTHER….U HAVE JUST SINNED AGAINST GOD……….

  16. Such cases are common in Germany due to congestion and insufficient land, but with so much land in Zambia, why don’t they just construct the roads elsewhere? My first time to hear about such a case.

  17. What is the problem with you fishermen? there is too much land in this country for you to be crying over one that need improvement. i hope the council wins this case, that will teach you fish people.

  18. Sata at No7,
    That used to be the case but has now changed. When KK made the Watershed speech in 1973, and later changed the land Act in 1975 -Bare land was a gift from God, and devoid of development, had no exchange value, but only a use value. This is in line with Marxist thinking and traditional tenets of land tenure systems,(we were pursuing Socialism then). After ushering in neo-liberalism, the 1995 Land Act repealed the 1975 Act, and now land, with or without development had an exchange value, which will be considered when compensating the victims.

  19. The road hasn’t been constructed yet and the trio have title deeds for the land. Let these people fight for their rights. its one step ahead for the sake of human rights. Govn’t think that they can just be bull dozzing everyone. The district planner should have planned for that road before allocating plots and these people wouldn’t have built there. The only alternative now is for the council to buy the land back if the trio can accept and continue with their project. Its all down to bad planning. In kamwala south lusaka city council gave plots without road,water and electricty plans, yet they charged council charges. thats how bad it is with our councils.

  20. I have ruled that #14 is the man of the day. You have the substance at hand. A road, railway, water pipe or power grid have a right of way. Anything in the way of the plan is subject to demolition. But the bottom line is whoever is the victim, we could use the correct argument by #26. Case dismissed.

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