Saturday, April 20, 2024

Lusaka City Council sued over decision to expand Northmead market

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MORE than 25 companies and individuals have sued the Lusaka City Council (LCC) over its decision to expand Northmead market claiming the extension would put their lives and those of their customers at a security and health risk.

Vicana Enterprises Limited and 27 other have since asked the Lusaka High court to grant them an injunction restraining the LCC and its servants from continuing the construction and extension of the market.

They also want a declaration that the market extension is a danger to the public health and safety of the companies ’employees, customers and clientele.

The companies said the court should grant them another declaration that they are entitled to the continued use of the public road reserve as parking space for motor vehicles and walk way for customers to Northmead shopping area, the market and the general public.

They have charged in their statement of claim filed in the principal registry that they are companies incorporated under the provisions of the Companies Act and proprietors of Vicana shopping area of the Lusaka city and Lusaka province.

The companies stated that some of the companies were the beneficial owners of the Corner Mall in the Northmead shopping area while others were tenants and doing business at the mall.

They said that the fifth and 28th companies were tenants and business persons doing business from corner mall, Vicana mall and the heritage shopping mall of the Northmead shopping area..

The plaintiffs said that on October 1, 2012, LCC approved the extension of Northmead market and commenced the extension by the construction of an additional 45 shops outside the perimeter walls of the existing market.

They said that the extension of the market is located on the parking lot, road reserve and drainage system in front of their shops which piece of land has been used as public parking space and pedestrian walk space for over 20 years before this action.

The companies further said that the approval of the extension of the market was done without them being given prior notice of the intended extension or an opportunity to raise objections to the extension.

They said that because of the approval, they have been greatly disturbed in the enjoyment of their right of way, safety and health and would suffer loss if the construction is allowed to continue.

The companies further contended that the extension of the market would reduce the already scarce road access and parking space and their customers and other surrounding shops and the general public and would heavily strain the already limited drainage, water and sewerage line thereby posing a major risk to them.

13 COMMENTS

  1. What’s wrong with our town planers?In USA the existing neighborhood is engaged in the proposal of such development,its done in city halls by the mayor,city engineers,town planners and the community,so that if there is any concerns raised they can be answered.how do u construct shops with regards to sanitation considerations.

    • These are councils headed by cadres and dog sellers. Town planning and public consultation are alien to them. A House in my neighbourhood was recently razed down but before a new House could be built, the people in the neighbourhood received letters from the council asking us if we were happy with the design of the new house that was to replace it. Was it going to ‘fit in’ with the character of the area? Zambian councils are just something else. I was so pissed to see how Green Village in Ndola has been destroyed.

  2. A clear case of a flawed environmental decision-making process by the LCC. If the key principles of decision-making was followed ther would be no need for court injunctions. Enough exploring of the situation, formulation of problems, identifying feasible changes, then taking action would have helped so much. But also identification of stakeholders (both active and passive) and allowing their active participation in the decision-making process while employing the principle of win-win negotiation would have left all stakeholders smiling! Please LCC adopt modern system Frameworks for decision-making which are environmental in nature. We do not live in a monarch society, where one person makes final decisions! Think about it!

  3. Its just so pathetic if you look at what is going in Zambia, Lusaka in particular. I just saw a lot of structures have been approved, like 10 m away from the rail line on the flyover bridge at Church Road. This is purely criminal! Its like there is lawlessness in our country.

    • TRUE. Look at the so called major roads connecting towns…….a lot of properties are going to be demolished when the need for motorways increases. This unplanned construction carry with a huge cost for the future expansion of physical infrastructure . Instead of just budgeting for a motorway there will also be an extra budget for compulsory purchases of the stuff that is built so close to the current roads. It is sad!

  4. In Zimbabwe, one can not trade on the streets unless you get a license from the council, its not the case in our country. How will Lusaka look like in the next 20 years? How can these “Authorities” allow people to build in recharge areas like some parts of Kamwala, Makeni Simson, Misisi. These areas are polluting the ground water in Lusaka. WHAT A COUNTRY! ITS LIKE WHAT THE PROVERB IN BIBLE SAYS ” LET US EAT, FOR WE DO NOT KNOW WHAT TOMORROW HAS FOR US”.

  5. Chimbwi no plan. Environmental degradation all over av u been to the so called chalala area. The place is dum hot especially in sept. No fresh air heat bouncing from the high offences. Its not good poor planning ati chalala. Houses or living areas are suupposed to be dispersing free flow of air. Rubbish as usual.

  6. Look, Lusaka City Council – the market should be going upwards and not extending side ways. It must be an upstair one and the whole ground area under the market building must be a car park.Have a smart five storey market, you will have better optimised the space that way. That way means also that you will maintain the status of Northmead. Not the ramshackle you are trying to create.

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