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Court orders Kabwe Council to halt ‘questionable’ constructionsBy Mukosha Funga on 16 May 2018
The Court of Appeal at Lusaka Civil Jurisdiction has reinstated an injunction which stopped the Kabwe Municipal Council from going ahead with the developments in Tushane area.
And Kabwe Central PF member of parliament Tutwa Ngulube has pledged to continue fighting for the poor and the weak.
Meanwhile, Ngulube lamented that the Kabwe Municipal Council had started developing Tunashe area when they knew very well that the place does not belong to them.
In the ex-parte order for stay of execution pending appeal filed in the Court of Appeal Holden at Lusaka Civil Jurisdiction, dated May 15, 2018, a court of appeal judge ordered that the ruling of December 8, 2017 be stayed pending interparte hearing.
“Upon hearing counsel for the Appellants herein and upon reading summons and Affidavit in support of application for stay sworn by one Bernard Mukupa Chisanga filed herewith, it is hereby ordered and directed that the ruling of December 8, 2017 be and is hereby stayed pending interparte hearing on May 29 and that the costs for this application and incidential hereto be in the cause,” read the statement.
And in a statement, Ngulube noted that the decision by the court had exposed the Kabwe Municipal Council and government to a lot of legal expenses.
He pledged to continue to fighting for the poor and those who had been sidelined.
“I would like to confirm that the court of appeal has reinstated the injunction which stopped the council from going ahead with the developments at Tushane. The time now has come when the people who have been crying to the council to say [that] you cannot just grab our plots without compensating us. The reality now is that the Kabwe Municipal Council have exposed the government and have exposed themselves to a lot of legal expenses. It is very clear also that the council, knowingly, started developing a place which they know that it does not belong to them. We want to say [that] victory is certain for the people of Kabwe. As area member of parliament as well as a lawyer, I will continue to fight for the cause of the poor, the weak and those people who have been sidelined and maligned,” he said.
Ngulube thanked his supporters for supporting him when he was arrested.
He observed that he was being treated like a criminal simply because he was fighting for justice.
“We also want to put it on record that I was arrested based on the ruling that removed the injunction and they presented me to court saying I had committed a criminal trespass. The Lord has vindicated me, I now have an order that is stopping that order of injunction. So we want to see when they go to court what they will use against me. I want to thank my supporters and all those people who actually came forward to assist me when I was being thrown in cells. I’m being treated like a criminal simply because I’m actually trying to fight for justice,” said Ngulube.
He said he would not rest until those perpetrating injustice were locked up.
“Today as you might be aware, is the day when the people of Kabwe will begin to know the truth about who owns the plots at Tushane and why the council has decided to spend all that money knowingly that this plot does not belong to them. They also also know that before they actually started moving, they demolished people’s shops and foundations and damaged a lot of building materials. I promise that justice will be done and I also promise that everything will be set to ensure that at the end of the day there is justice not only for the rich but also the poor and the weak people that we are using to advance the cause,” said Ngulube.
“I also know that those who think you can just grab a plot from somebody, damage somebody’s shop and take over because you are using the state police, their days are numbered and somebody must begin to prepare for jail. We will not rest until they are locked up and presented to prison. We are aware that a lot has been stolen, a lot of houses have been damaged and demolished, we are aware that a lot of families would have been displaced if not for us fighting for the cause of the poor.
About Mukosha Funga
Mukosha Funga is a Zambian journalist interested in good governance and anti corruption reporting.
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