THE Lusaka High Court has granted an injunction to 167 small-scale farmers of Sinazongwe district in southern province restraining their chief Sinazongwe and an investor from evicting them from their ancestral land and constructing an irrigation dam on the same land.
The villagers who are led by Bernard Siakacha had asked the Court to order that they should not be evicted from the land without compensation as doing so would be unlawful and breach of their fundamental rights.
Two others who have been sued are African Brothers Corporation limited and the Attorney General.
Judge Mubanga Kondolo granted the famers the injunction stopping the defendants from evicting them and tampering with their land until the matter was determined by the court.
The farmers want the court to order that they should not be moved from the land and from constructing an irrigation dam on their land until conclusive arrangements regarding compensation, the provision of dip tanks, grazing land, school, clinic, drinking water, access to ZESCO and others have been finalized for their resettlement.
Additionally, the farmers want that the defendants provide means to them to enable them shift to the new settlement together with their livestock after they have constructed their new homes.
They want the defendants to provide adequate grazing ground, dip tank and water as well as the provision of a school and clinic, safe drinking water for use of the community if they would be settled at a distant place.
They want the court to order that they be presumably settled in Mumbwa or Itezhi tezhi and be issued with title deed as there was no suitable land in Southern province and be awarded damages for trespass.
The farmers stated in their statement of claim that in or about March 2013 the first defendant in his capacity as chief arbitrarily and without the consultation of the plaintiff, initiated the construction of an irrigation dam, and African Brothers had started clearing the site for the construction.
They said the putting up of a dam in their village would force them to leave their villages and they would have nowhere to go as the defendants have not made arrangements for their resettlement.
The farmers further claim that they have on several occasions told the chief of their unwillingness to leave their farms and have met representatives to the District Commissioner for Sinazongwe district over the matter and the Permanent Secretary for Southern province but nothing has been done.
They now want a declaration that the impending forceful removal from their ancestral land and the constructing an irrigation dam on their land without compensation is unconstitutional, unlawful and a breach of their fundamental rights under the constitution.
Clever Villagers! they understand their rights. Land in the Republic of Zambia belong to the Zambian people. It is held in trust by the President for the people. Zambia is not a Chiefdom but a Republic. The villagers are NOT ‘SUBJECTS’ as they are often refered to but are CITIZENS of Zambia and enjoy full rights under the constition of Zambia. A chief is just another citizen of Zamba and has NO SUCH powers as to chase anyone from the so called ‘chiefdom’.
Well done villagers,it is the chief who should be evicted,he is greedy.
These villagers are sharp….
The rise and fall of a village leader…
Mukese kumwesu. Mukesa ponoka. Land is for our future generations. Government must watchout. They always want to treat their own children with impunity. First things first, hefty compansation. Period.
I have never been humbled before in my life this far to see rural people rise and demand!