Two mini-bus drivers operating from Lumumba bus station have sought an injunction in the Lusaka Magistrates’ Court, against five of their colleagues, so that they are barred from restraining them from working from the station.
Sam Kayamba and Alick Njobvu are seeking an order of interim injunction to restrain Nicholas Nyirongo, Jackson Phiri, Godfrey Mutambo, Zax Kabimba and Irady Simukoko, their servants, agents or whoever from interfering with their operations at Lumumba bus station and that they be allowed to operate at the bus station.
But one of the defendants, Nyirongo, has asked the court not to allow the two to return to the bus station, saying if they are allowed to do so despite their misconduct, there won’t be peace as everyone will be doing as they please, knowing there won’t be any consequences.
In an affidavit in support of ex-parte summons for an interim injunction, Alick Njobvu, the second plaintiff, stated that they were mini-bus drivers operating at Lumumba bus station, Zangalume route.
He stated that from the time they started operating at Lumumba bus station, they had been paying levy as prescribed by the local authority or management of the station.
Njobvu claimed that the defendants had not created a conducive environment at the bus station for the benefit of the drivers who operate at Lumumba bus station.
“They have imposed themselves on us as the people in charge of Zingalume route and made our lives very difficult,” he stated.
Njobvu stated that without any evidence, the plaintiffs accused them of committing an offence which they failed to prove by any evidence.
He added that following the same accusation, the defendants constituted themselves into a committee and without affording them an opportunity to be heard, expelled them from operating at Lumumba bus station.
Njobvu stated that the plaintiffs wrote the defendants a letter asking them to exercise leniency on them but they refused to accept the said letter.
He stated that in February 4, this year, the defendants phoned his employer and instructed that his employment be terminated and the same happened the following day, verbally.
Njobvu claimed that from the time they started operating at Lumumba bus station, the defendants had been forcefully collecting money from them and failure to pay the said money resulted in one not being allowed to load clients from the bus station.
He stated that the defendants told them that the said money was a chilimba (a type of village banking), such that when its your turn, all the money contributed was to be paid back.
Njobvu, however, claimed that from the month of October 2018 up to February 2019, the defendants had collected money amounting to K34,560 but had only paid them K8,400, leaving a balance of K26,160.
He lamented that every time they tried to ask for the balance, the defendants got annoyed and threatened to chase them from operating at Lumumba bus station.
Njobvu stated that because of the action of the defendants, his employment had been terminated and he had suffered damages.
He stated that the plaintiffs wanted to continue operating at Lumumba bus station as it belonged to the local authority and not the defendants, adding that they had no place to operate from at the moment.
But when the matter came up before Lusaka magistrate Sheila Mweene, Wednesday, one of the plaintiffs, Nyirongo urged the court not to allow the plaintiffs to go back to the bus station.
He said if the plaintiffs were allowed to go back despite their misconduct, everyone would be doing what they felt like doing and there wouldn’t be peace.
Nyirongo denied the allegations that the plaintiffs were not given an opportunity to be heard and further disputed that they were getting money using force.