The Livingstone City Council (LCC) has demolished structures at the Tandabale Marketeers Co-operative Society despite an injunction being issued by High Court Judge Elizabeth Muyovwe to restrain the local authority from destroying the premises.
And Legal Counsel for the Tandabale Marketeers Co-operative Society has made an application in the Livingstone High Court to institute contempt proceedings against Southern Province Police Commanding Officer Lemmy Kajoba, Livingstone Mayor Grace Shafik and Acting Town Clerk Clement Chisanga among others, for willfully disobeying an injunction issued by the High Court.
LCC Acting Town Clerk Clement Chisanga has however, defended the action to demolish the co-operative and denied being served with the interim injunction saying the document was served at the Livingstone Central Police.
Mr. Chisanga told ZANIS in Livingstone today that LCC in collaboration with police went ahead to demolish the allegedly illegal structures because there was no document to protect marketeers trading from the co-operative popularly known as Potters market.
The Acting Town Clerk said ample time was given to traders at the market to relocate to Libuyu Market as recommended by the Council, but they opted to disregard the notice given by the local authority.
He said the traders could not be allowed to continue trading from Potters Market because they had not applied for change of use and ownership to the council to enable them legalize their trade at the same premises.
Mr. Chisanga said no effort had been made by the Tandabale Marketeers Co-operative Society to approach the Livingstone City Council to outline their long term plans since the land in question was still officially part of a farm bloc.
But Board Chairman for the Tandabale Marketeers Co-operative Society Joseph Musole said efforts to serve the interim injunction on the Acting Town Clerk failed because the council had engaged police officers to prevent access to the council premises.
Mr. Musole accused the council and police officers of harassing them and refusing to accept the injunction when efforts were made to serve it on Mr. Chisanga.
He also revealed that all applications made by the co-operative to change ownership and use of their property had been rejected by the council for no good reason.
Meanwhile, John Kapepe Junior of Mak Partners, the legal counsel for Tandabale Marketeers Co-operative Society, said an application had been made in the Livingstone High Court to institute contempt proceedings against Southern Province Police Commanding Officer Lemmy Kajoba, Livingstone Mayor Grace Shafik and Acting Town Clerk Clement Chisanga among others, for willfully disobeying a court injunction.
Mr. Kapepe said the named officers had willfully disobeyed an interim injunction from the High Court and Justice Elizabeth Muyovwe was expected to make a ruling on whether leave would be granted for commencement of contempt proceedings.
He also said the inter-party hearing of application of injunction for the Council and Tandabale Marketeers Co-operative Society had been adjourned to next week Friday because the legal representative for the local authority failed to come.
Traders at the Tandabale Marketeers Co-operative Society have refused to relocate to Libuyu Market saying it was not conducive for business.
And some councilors have condemned the actions of the council saying matters concerning the Potters Market have never been brought before a full council meeting despite numerous applications made to the city’s mayor.
Akapelwa Ward Councillor Agreyprey Brill said it was an insult to ordinary people for the council to demolish Potters Market on grounds that it was illegal when Libuyu extension market where they were suppose to relocate to was also illegal.
ZANIS/AMM/ENDS/MM
I am beginning to question the power of the Judiciary !!
thats contempt of cpourt <):)
Where was the council all along????
Life at it’s best.:o Judiciary, Council, Police, Traders and the Community.
i hope this is not my house oooooh
why are these pipo so heartless.
I hope there A ses get sued.
What type of wahala na this. Baby C
Well , i am in the top 5, not bad for a small mama like me.
Yaba
8. MgNaAl5(Si4O10)3(OH) ,
Whats your own , now . Take it easy.
its been a bad week for l/stone… let them chill off on a bottle of expired liquor this weekend the sue the council on monday
ZAMBIAN artiste Maiko Zulu yesterday pleaded guilty to a charge of trafficking in psychotropic substances contrary to the Laws of Zambia.
Free de man. I n I take Selasee herbal spychotrof! Free line of Juda treat!
Using their salaries to rebiuld the structures!
10. Zimandola1
Are you still on for the offer, i have some expired liquor at my place. Come over
Who will protect the poor if courts are not respected?
God bless zed again 😮
This will help to develop how long I have said about iligal structures. If the notice was given y not make a move lets support the council to make zambia campaign reality
😕
Fashion police
how many bottles do you have, i would love some, ni weekend mudala twanwa again
Let us modernise our cities by demolishing illegal structures.
Good work ba council.
its a pity that this ahs been the worse week in livingstone first its was the taxis drivers and now the market they should be critical thinking from our leaders is lacking especailly in zambia.
Ba council nabo, why destroy infrastructure before the case is over?
There is something amiss at Livingstone council, just the other day there was a complaint on condemed and expired stuff resurfacing on the market and the council was seeking services of police and shushushu. Even after being served with an injuction the council and police went ahead to demolish the structures. The judicial should stand and have have all those involved cited for contempt.This will serve as a warning to others who think they are above the law. Unless it was for political motives otherwise just must prevail. We cant have a bunch of council and police officers disobeying court orders this will set a bad precident. IG and CJ we cant have such a situation in a civilzed country.
Fyabupuba. Mwandi Lemmy walichitafye bwino. These are the structures that are making Zambia look like an overgrown shanty town.
The judiciary works,it’s just that no matter what the courts decide,authorities think they are above the law so if authorities think they are above the law,what do they expect the citizens(whom they are meant to represent) to be like.
Both parties have erred here. The council should never have allowed the mushrooming of these shacks. But now that the case was before the courts, they the council should have waited for the judgement. Why was the council in a hurry to raze down the shacks wen they have waited all these years and allowed the problem to grow? They surely must be cited for contempt.
The demolition was done by the council and the State Police were only there to ensure that there was law and order during the demolition. Apparently it will end no where.
#25
The injunction was served to coucil thru the police and the poilce filed it. But they went ahead and supervised the demolition even wen they knew there was an injunction to that effect. Both the Coucil and the cops are at fault here.
CHARGE ALL PATIES FOR CONTEPT PERIOD
Another case of misplaced priorities..These structures could well have been illegal but the council should have directed the meagre resources they have on more ‘constructive’ things like proper town planning..These results in efficient allocation of properly demarcated and serviced plots..the root cause of this panacea..if you get to the bottom of this,you will find some inept corrupt council official/s implicated in the original allocation..pipo dont just build on any piece of vacant land!