The Lusaka Magistrate Court has set Lusaka Town Clerk Alex Mwansa and Acting Director of Public Health Edgar Mulwanda free in the ZEMA Vs LCC garbage case on the basis that the charge against them was defective because the duo were not included in the initial complaint lodged before court.
On August 24, this year, the Zambia Management Agency (ZEMA) charged Lusaka City Council (LCC) for failure to comply fully with site restoration orders issued on August 1, 2018.
In addition, Mwansa and Mulwanda were charged in their official capacities as Town Clerk and Director of Public Health at the LCC, respectively.
They were charged with two counts of managing waste in a manner that results in an adverse effect, as well as, two counts of failure to comply with the requirements of a site restoration order.
According to a statement issued by LCC public relations manager George Sichimba, Monday, the duo were set free when the matter came up for ruling before Resident Magistrate Felix Kaoma yesterday.
Magistrate Kaoma set the duo free on basis that the charge against them by ZEMA was defective in that the duo were not included in the initial complaint lodged before court.
He observed that the complaint lodged before court did not contain the names or the charges against the duo.
Magistrate Kaoma, therefore, upheld the application by the advocates of the duo as they were wrongly summoned before the court.
The duo were represented by Jeah Madaika of J&M Associates of Lusaka and LCC Director of Legal Services Bibiana Bulaya.