Mayor of Lusaka City Miles Sampa has told Matero member of parliament Lloyd Kazhiya that he is mandated by law to lodge a formal complaint with the Minister of Local Government and Housing who has constitutional powers to reverse any decision made by any Council in Zambia except it has to be 6 months after that decision is made.
Mr Sampa’s advice follows a verbal altercation recorded on video between Mr Kazhiya and councillor Annie Chinyanta of Matero over a piece of land which the full council is said to have approved.
But the area MP was unaware of the development, which led Ms Chinyanta to tell Mr Kazhiya that he was not on the ground after he attempted to stop some development.
At that point, Mr Kazhiya called Ms Chinyanta a “useless councillor”, to which she also retorted “you’re a useless MP”.
Below is Mr Sampa’s statement posted on his Facebook page this morning:
The video circulating out of Matero between the area MP and Ward 28 area Councillor makes sad viewing.For all intents and purposes I should ideally declare interest and not comment on the matter.I however have inescapable duty as Mayor of Lusaka to intervene and guide on matters to do with land in the City.
My informed take on the matter after brief research since the video surfaced is that the said piece of land was dully processed at the Council after the resident applied for it.Land acquisition or extension process entails that a Committee called Planning which has 8 Coucillors seat to approve or reject any application available.In coming up with that decision,they tour the plot in question to ensure the same is not a road reserve, has water and or power lines.
Most are rejected at this stage but if found to have no incumberances, the application is recommended to the Full Council Meeting of Councillors for final approval.
I have been guided that the issue that led to the altercation yesterday between MP Kazhiya and Councilor Ann Chinyanta is about a temporal authorisation to a Matero resident to place a Container on some piece of land for business purposes.The MP is against for whatever reason.
After the 2016 amended Constitution, at no point in the process is the Area MP meant to be involved. Out of courtesy however, I have made it a point at LCC and encouraged all Councillors that for any land issue, we first consult area MPs before processing.This works well in various Constituencies especially where a good working relationship has been cultivated between a particular Councillor and area MP. Clearly non such rapport has been cultivated in the video in question.
So there is no legal backing in an area MP going to harass a resident who has been offered any land relief or temperol placement of a Container by a Full Council.
Do MPs have a recourse if they are not happy on a piece of land deliberated on by the Full Council and offered to a resident in their Contstituency? Yes they do.They can lodge a formal complaint with the Minister of Local Government & Housing who has constitutional powers to reverse any decision made by any Council in Zambia except it has to be 6 months after that decision is made. The current Constitution does not give powers to anyone and not even Councillors themselves to be able to amend or reverse a decision made by Councillors in their Full Council meeting if said decision is not older than 6 months.
We have a recent case at LCC from Kamulanga ward of Kabwata where the Minister of Local Government & Housing Hon Charles Banda has formally (in writing) reversed a decision made by LCC in 2017 (before I assumed office) after residents that includes Hon Mwansa Mbulakulima formally complained to the Minister’s office that said plots were created in a road reserve.The Minister accordingly fou…