Govt withdraws from legal proceedings on Chongwe land case, halts planned eviction against alleged squatters

The State has discontinued legal proceedings aimed at evicting a group of alleged squatters from Zambia Army land in Chongwe, according to a notice filed in the Lusaka High Court.

The notice, signed by Attorney General Mulilo Kabesha and dated June 10, formally withdrew the matter that had been initiated earlier this year.

“Take notice that the Attorney General, being the applicant herein, has wholly discontinued and/or withdrawn this matter against the respondents,” the notice reads in part.

The now-abandoned lawsuit was filed on February 19, with the State seeking a court declaration that individuals occupying the northern side of Subdivision 1 of Farm No. 3208, located in the Busoli Establishment area of Lusaka, were illegal squatters.

In addition to the declaration, the State had asked the court to issue an eviction order, demolish unauthorized structures, and grant any further relief it deemed appropriate.

The Zambia Army had also obtained a restraining order against the occupants, asserting that the land in question rightfully belonged to the military.

Supporting the legal action, Zambia Army surveyor Colonel Charles Mulenga submitted an affidavit outlining the property’s history. He explained that before 1978, the land was privately owned by Lucy Van Renburg under a freehold title.

It was later compulsorily acquired by the government through the Ministry of Lands and Agriculture and remained under State control until August 1, 2016, when it was officially leased to the Ministry of Finance for use by the Zambia Army, under a presidential lease.

Despite this, Colonel Mulenga noted that informal settlers gradually encroached on the northern portion of the land. He cited previous legal disputes, including Cause No. LAT/08/2011 and Cause No. 2023/HP/1551, which addressed similar encroachments.

In the 2011 case, a settlement allowed the State to subdivide and allocate part of the southern section to certain claimants. However, Mulenga stated that individuals not party to the agreement continued to settle and construct structures on the northern side.

He argued that it was in the best interest of the Zambia Army, as the registered proprietor, to secure an eviction order in order to reclaim full control of the land.

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