Ruling UPND councilor dragged to court for allegedly constructing on restricted land

A UPND councillor has been sued for illegally constructing on a restricted portion of land which houses sewer lines, along Lake road, Kabulonga area.

Kabulonga Ward 19 councillor, Cosmas Tembo, is alleged to be building a car wash on mentioned land without authorisation from Lusaka City Council ( LCC).

The litigant, Josephine Mapoma suing as an administrator of the estate of the late couple, Dimas Mwila and Julian Kunda, submitted to the Lusaka High Court that Tembo said the Councillor had no authority at law to build on the portion of land which belonged to the LCC and had sewer lines for the Lusaka water Sewage company Limited.

She said the structure was blocking access to the estate of the late Mwila’s at the frontage of Lake road.

“On October 23 2005 the late Mr and Mrs Mwila and other two neighbours through their joint lawyers Messers Nixon chambers applied to LCC for acquisition of the said portion of land so that the propety be extended up to lake road.

“On January ,10 2006, LCC replied and informed the law firm that the application could not be granted because the portion of land has trunk sewer lines for Lusaka water and sewerage company,” Mapoma said.

She stated that LCC only gave permission to fence the area.

Recently, she saw some people clearing the land and when she approached them, they revealed themselves as UPND cadres sent by the councillor.

“The beneficiaries of the estate engaged Tembo to inquire about where he got the authority to build on the portion of land but he kept on emphasising that he was the ward councilor for the area and a member of the LCC,” she said.

Mapoma said despite the matter being reported to Police, Tembo and his cadres continued to build the intended car wash.

She had asked the Court to issue a restraining order against Tembo or his cadres and a declaration that the estate of the late Mwila is entitled to have access to stand no 100/372 Kabulonga from lake road frontage.

Mapoma wants the structures immediately demolished.

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