Court restrains ZCCM-IH from evicting ex-workers
Court restrains ZCCM-IH from evicting ex-workersBy Laura Mushaukwa
Sunday March 16, 2008 [03:00]
LUSAKA High Court judge Tamula Kakusa has granted some former employees of Zambia Consolidated Copper Mines Ltd (ZCCM) an interim injunction restraining ZCCM Investments Holdings PLC from evicting them from their houses.
Judge Kakusa in the ex-parte order for an injunction, directed that ZCCM Investments Holdings should never do anything calculated to interfere with the former ZCCM employees’ use of their houses, attempt to evict them or harass them pending determination of the matter in court.
This is in a case where Grace Chishimba, Greenson Silungwe, Emmanuel Mutale, Moses Simwaka, Frackson Mwamba and Potino Chanda of Chingola have sued ZCCM Investment Holdings PLC over threats to evict them.
The plaintiffs are also seeking a declaratory order that they are the legal owners of the houses for which they have title.
Representative of the employees, Grace Chishimba explained in the summons in court that she and her colleagues were employed by ZCCM Ltd a company that was privatised in 1996 and taken over by ZCCM Investments Holdings PLC.
Chishimba further explained that prior to the privatisation of ZCCM Ltd employees through their union, the Mine Workers Union of Zambia (MUZ) negotiated with ZCCM Ltd and it was agreed that due to the high wage bill which ZCCM Ltd could not pay, the houses would be sold to the former employees by way of knocking off the money for the houses from their benefits.
She added that between 1997 and 1998, the employees received letters of offer from ZCCM Ltd and entered into contracts of sale of various houses at different prices in accordance with the value of each house.
Chishimba disclosed that the employees paid for the houses in full through the money which was deducted from their benefits.
She revealed that the employees went ahead to renovate and beautify the houses at great costs raising their market value while some even passed title to innocent purchasers by selling them.
Chishimba lamented that 10 years later, ZCCM Investments Holdings PLC wrongly and illegally attempted to offer the houses to other individuals despite the fact that they had no houses to offer.
She complained that in February 2008 ZCCM Investments Holdings PLC seriously threatened to evict the former ZCCM employees thereby causing anxiety and restlessness.
Chishimba stated that it is for the aforementioned reasons that they have sought guidance of the court on the matter taking into account the loss they have suffered.
posted by MrK @ 3:59 AM
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