The Lusaka City Council (LCC) has urged the High Court to dismiss an application by a group of residents seeking to block the collection of property rates and levies, warning that such a move would severely disrupt public service delivery across the city.
In its filed defence, the council argued that its ability to provide essential municipal services — including road maintenance, waste collection, and infrastructure development — depends heavily on revenue generated from residents.
Halting this income stream, it said, would negatively affect ongoing and future projects.
The legal challenge was brought by Allan Cedric Ellis and 18 other members of the Eureka Park Residents Association, who allege that despite collecting millions in property rates and levies, the council has consistently failed to deliver basic services such as waste management, road upkeep, and drainage systems.
The residents accuse LCC of breaching its statutory obligations under the Local Government Act No. 2 of 2019, citing inadequate service delivery in high-density areas including Makeni, Kamwala, the central business district, Chunga, and Matero.
They pointed to persistent flooding, lack of street lighting, pothole-ridden roads, and overgrown public spaces as evidence of neglect by the council.
The group is seeking a declaratory order stating that LCC is in breach of its legal duties. They also want the court to compel the council to provide key services and publicly account for all revenue collected.
In addition, the residents are seeking a restraining order to stop further collection of levies until a clear, verifiable service delivery plan is presented.
However, in its response, LCC denied all allegations and maintained that it has continued to provide public services and implement infrastructure development projects within the constraints of its budget.
“The council has been providing waste management services, prosecuting offenders who indiscriminately dump waste, maintaining street lighting, purchasing electricity units for traffic lights, and carrying out road maintenance,” LCC stated in its court filings.
It added that stormwater drainage systems had been installed in many parts of Lusaka and that areas lacking such infrastructure were being progressively connected based on priority and available funding.
LCC also highlighted its support for community development programmes, including skills training, early childhood education, and women’s empowerment initiatives.
The council warned that stopping revenue collection would severely impair its operations and hinder the central government’s ability to implement national policies through the local authority.
It further noted that all funds collected were audited by the Auditor General and reported to oversight committees and the full council comprising elected ward councillors.
LCC has asked the court to dismiss the case in its entirety.
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