Lusaka City Council (LCC) has dismissed as frivolous and vexatious a lawsuit filed by State Counsel Dr. Henry Mbushi on behalf of the Chalala community, seeking the demolition of structures allegedly built by Patriotic Front (PF) cadres on land designated for a children’s play park.
In its defence filed in the Lusaka High Court, LCC argues that the matter falls outside the court’s jurisdictio.
It states that planning issues should only be brought before the High Court on appeal from a relevant court or tribunal. LCC further contends that the Town and Country Planning Act, cited in the lawsuit, has been repealed and replaced by the Urban and Regional Planning Act No. 3 of 2015.
The council denies all allegations contained in the plaintiff’s statement of claim and that Dr. Mbushi is not entitled to the reliefs sought.
Mbushi, acting on behalf of the Chalala community, claims that LCC had designated Stand No. 29558 in Chalala, off Ring Road, as a children’s play park.
However, he alleges that in 2019, the land was taken over by PF cadres, who began constructing unplanned structures. According to the lawsuit, Mbushi wrote to then-President Edgar Lungu in 2019, raising concerns about the situation.
In response, the former president sent then-Minister of Commerce Margaret Mwanakatwe to inspect the site.
Mwanakatwe allegedly confirmed the illegal occupation but informed Mbushi that LCC was unable to intervene.
In 2023, Mbushi lodged a complaint with the Ministry of Local Government and Rural Development, followed by a letter to LCC on June 8, 2023.
However, he claims that no action was taken to address the issue.
He states that the occupation of the land has made the area unsafe for residents, citing noise disturbances and the lack of a dedicated play space for children.
Mbushi argues that the Chalala community has legal rights over the land under provisions of the Town and Country Planning Act.
He alleges that LCC unlawfully permitted construction on the land without the required ministerial consent.
Mbushi is seeking restoration of the land to its original purpose as a children’s play park.
