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LCC’s suspension is intended to weaken PF in Lusaka - Kabimba

LCC’s suspension is intended to weaken PF in Lusaka - Kabimba
By George Chellah
Sun 23 Jan. 2011, 04:01 CAT

WYNTER Kabimba yesterday said the decision by local government minister Dr Brian Chituwo to suspend Lusaka City Council (LCC) is politically motivated and not supported by law.

In an interview, Kabimba, who is PF secretary general and former Lusaka Town Clerk said the suspension of the Lusaka City Council was political and that the reason given regarding the alleged irregularities in the allocation of plots was a mere excuse.

He said the suspension was intended to weaken PF in Lusaka district by the MMD.

"This is because even the minister of local government and housing himself is aware that the practice of councillors being entitled, like any other citizen to an allocation of a plot is a legal entitlement," Kabimba said.

"And it's a practice, which obtains in all district councils including Mumbwa district council where Dr Chituwo is a councillor."

Kabimba said he would be surprised if Dr Chituwo himself as a councillor in Mumbwa district council has never been allocated a plot.

"I would challenge him to deny this fact if that is not so from the period he has been there. This practice cannot in itself be referred to as a scam or an irregularity," Kabimba said. "I would further challenge any minister in the MMD government who has never benefited from such land allocations in their respective district councils. It's for this reason that I maintain that this decision is nothing but a politically motivated decision."

Kabimba said the powers of the minister to suspend an elected council were provided for under Section 88 of the local government Act cap 281 of the laws of Zambia.

"According to this section, the minister can only suspend the council on one of the three grounds: (1) inability by the council to perform any one of its functions (2) failure by the council to perform any one of its functions (3) refusal by the council to perform any one of its functions as provided for in the second schedule of the local government Act," he said.

He said land allocation was not one of the functions of the council.

"The council only makes recommendations to the Commissioner of Lands because the legal powers to allocate land vests in the Commissioner of Lands. And therefore, a recommendation cannot be deemed to be a decision of the council. The decision by the minister to suspend the council does not fall under section 88," Kabimba said.

"The reasons he has given are that the council has been suspended to facilitate or pave way for investigations. This is the responsibility of the Anti-corruption Commission (ACC) and not the minister. The decision therefore to suspend the council even under the local government Act is not supported by the law."

Kabimba said PF would be writing to Dr Chituwo to bring these provisions of the law to his attention.

"I hope that he will be able to seek the professional advice from the Attorney General to enable him to review and revoke the decision that he has made which is not in the interest of the local communities that voted for the Lusaka councillors," Kabimba said.

"I hope the minister will not leave us with the only recourse to remedy this illegal decision through the courts of law."

Labels: LCC, WYNTER KABIMBA

posted by MrK @ 3:33 PM