Lusaka City Council (LCC) director of public health Edgar Mulwanda has appeared in the Lusaka Magistrates’ Court for failing to manage waste in Misisi and Kanyama compounds.
Mulwanda is jointly charged with Lusaka City Council and LCC Town Clerk Alex Mwansa 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.
This follows recent orders which the Zambia Environmental Management Agency (ZEMA) had issued for LCC to comply with restoration orders on some selected sites in Lusaka.
Particulars of the offence in this matter are that, LCC, being charged with the responsibility of managing waste within its area of jurisdiction, Mwansa and Mulwanda between January 1, 2018 and August 11, 2018 did manage waste at undesignated sites along the national grid power line, in Misisi compound and at a reserved play park in Kanyama compound. The management of such waste resulted in an adverse effect.
And in the third and fourth counts, particulars of the offence are that the accused failed to comply with the requirements of site restoration order in respect of the Misisi Site in the Kamwala area.
However, when the matter came up for plea before magistrate Felix Kaoma, Wednesday, Mulwanda could not take plea because the Town Clerk was not present in court despite being served with the summons on August 23, 2018.
LCC in-house counsel Muwowo, who was representing LCC and the Town Clerk (A1 and A2), asked for an adjournment to seek further instructions.
This was after Muwowo was advised by magistrate Kaoma that she could only represent the council and not A2 because they were separate persons at law.
“A2 must find independent counsels. A2 and A3 are not in-house, they are employees of the council,” said magistrate Kaoma.
Earlier, ZEMA in-house counsel Karen Banda could not amend the particulars of the offence on all four counts on the indictment as she was advised to do so when all three accused persons were present in court.
The matter has been adjourned to September 4, 2018 for plea.