KABWATA PF member of parliament Given Lubinda has dragged the Lusaka City Council (LCC) to court over its decision to postpone the implementation of its resolution to bestow upon him the status of Alderman.
(Alderman is a status or title granted by the council to an elected member of a city council).
Lubinda states that during the period that the council has not implemented the said resolution, he has suffered loss of income from sitting allowance and discounted ground rates.
He therefore wants the Lusaka High Court to grant him an order of mandamus compelling the council to implement its resolution conferring the status of Alderman upon him.
Lubinda also wants a declaration that the council’s decision to defer the implementation of its resolution is illegal and constitutes abuse of process, as well as, consequential orders and costs.
According to an affidavit verifying facts relied on for leave to apply for judicial review filed into court on March 15, Lubinda explained that he had been a member of parliament for Kabwata constituency from 2001 to date.
He added that he also served as a councilor of the Lusaka City Council for 15 consecutive years from 2001 to May 11, 2016.
Lubinda stated that on May 4, 2016, LCC resolved by way of resolution C/137/05/16 to bestow upon him the status of Alderman.
He added that despite the council’s resolution being passed as far back as May 5, 2016, he was only informed of the said resolution on June 23, 2017 by way of a letter from the town clerk.
Lubinda further stated that by way of the said letter, the council informed him that the official implementation of its resolution was to be held on June 27, 2017 and further that his attendance was required.
He however, stated that some time after June 23, 2017, the council through the town clerk informed him of the deferment of the official implementation of its resolution to a later date to be advised.
“On June 25, 2018 I wrote to LCC requesting it to implement the said resolution. I have engaged LCC on numerous occasions over the past years, but to date, the council has refused or neglected to implement the resolution,” Lubinda stated.
He stated that on February 10, 2021 his advocates sent a letter to LCC demanding the implementation of the resolution but that on February 15, 2021 LCC replied and requested for an extension of the time within which to comply with the said demands.
Lubinda stated that in response to the letter, his lawyers extended the time in which to comply with the demand by a further 10 days.
He stated that not having received a response, he now intends to apply for judicial review against the council’s decision not to implement the said resolution.
Lubinda stated that the council’s decision not to implement the resolution was without sufficient cause or justification.
And in his statement of ex-parte application for leave to apply for Judicial review, Lubinda submitted that the council’s decision to defer the implementation of the said resolution was unreasonable and irrational and made without justifiable grounds.
He argued that the decision by the council had adversely affected him in that LCC had acted unfairly by not availing him reasons for its reluctance to implement the resolution.
Lubinda further stated that the council’s decision to indefinitely defer the implementation of the resolution is illegal as it is not based on any provision of the Local Government Act Cap 281.
He argued that during the period that the council has not implemented the resolution, he has suffered loss of income from sitting allowance and discounted ground rates.
Lubinda stated that he was entitled to the claim of damages within this application.