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Banda violated the law over the mosque - Kapiji

Banda violated the law over the mosque - Kapiji
By Chibaula Silwamba
Fri 02 Sep. 2011, 14:00 CAT

RUPIAH Banda violated the law by allowing the construction of a mosque in a residential area in Lusaka, says former lands minister Judith Kapijimpanga. And some residents of Rhodes Park, where the controversial mosque is being built contrary to the town and country planning Act, said President Banda had betrayed and inflicted injustice on them.

Commenting on President Banda's unilateral decision to give land to the Muslim community to build a mosque illegally in a Lusaka's Rhodes Park residential area, Kapijimpanga said the head of state had disregarded the laws and procedures in land allocation.

"Though I appreciate that land is held by the President on behalf of Zambians, in this case, the residents were not listened to. The residents are a bigger number and their voice should have been heard," Kapijimpanga said. "In this case, the President abrogated the town and country planning Act, which stipulates the zoning of areas."

Kapijimpanga said zoning must have been considered before the construction of the mosque in line with the town and country planning Act, which is administered by the Ministry of Local Government and Housing.

"That particular mosque which the President is talking about is built in a residential area. The Muslim community must have purchased that house from a former civil servant and decided to build a mosque," she said.

"I remember there was a house there. But before a church religious centre is put up, the town and country planning Act must be taken into consideration.

The Act stipulates that areas should be zoned. For instance, if an area is for residential, it must be for residential houses. If it's for churches, it must be for churches, if it's for markets it must be for markets etc.

"In this instance, because that area was already zoned as a residential area, the local government minister had to consult stakeholders and when that stakeholders' meeting was held, a lot of residents around that area refused that there will be a lot of noise because Muslims pray loudly. That was why president Mwanawasa refused to sanction that project."

And a representative of the over 50 residents opposed to the construction of the Mosque said the people were angry with President Banda's decision.
"Now, we know what was happening. The President's stance on this issue is a betrayal. We are disappointed. People are still angry about this.

It's unfair and we feel defenceless," said the representative, on condition of anonymity for fear of victimisation from the government.

"The issue was not about religion but the good of our community and the construction of that mosque is not adding any value. There is only one Muslim who lives around that area."

The representative explained that the residents had asked the court to determine the legality of the construction of the mosque but lawyers raised preliminary issues that it was premature for them to take the case for review to the court but that they should first of all take it to the lands tribunal.
"Therefore, judge Evans Hamaundu could not give us the leeway to take this case to be decided by the court.

Now that there are these revelations, we now know what was going on," the representative said. "But those who went to seek favours from President Banda should not feel comfortable that this matter has reached this stage. Injustice has been done and at an appropriate time, as residents, we want to pursue this matter to the final conclusion. It is unfair."

Addressing a meeting in Chipata last week, President Banda said he sacked Sylvia Masebo as local government minister, among other reasons, because she was rude and had created a problem between herself and the Muslim community by opposing the construction of the mosque.

But Masebo has maintained that she and president Levy Mwanawasa opposed the construction of the mosque because the project was against the law.

Labels: JUDITH KAPIJIMPANGA

posted by MrK @ 2:43 PM