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