Court temporarily stops ZAF from damaging Chalimbana river

Court temporarily stops ZAF from  damaging Chalimbana river

A Lusaka High Court has granted nine Chongwe headmen and a company an injunction restraining Zambia Air Force Projects Limited and four others from continuing construction works or further developments in the Lusaka east forest area.

In this case, Moses Lukwanda, who is senior headman Maoma, senior headman Nkomenshya and eight others are seeking an order that the five defendants – Zambia Air Force Projects Limited, Kingsland City Investments Limited, Drimtown Investments Limited, Shangrila Investments Limited and Datong Construction Limited – should obey protection order of September 22, 2017 and an order declaring that the developments are a threat not only to the Chalimbana river catchment but greater Lusaka Aquifer System.

The plaintiffs are also seeking a declaration that the Busoli people and the general public have a right to access clean and uncontaminated water for their consumption, which is threatened by the impugned development by the defendants.

The plaintiffs are also seeking a declaration to prevent the defendants from continuing construction works in the environmentally sensitive area.

According to a statement of claim they filed in court, senior headman Maoma and others stated that the first to ninth plaintiffs were members of the Busoli Royal Establishment’s chiefdom lands committee and headmen and head women in various villages of the Soli people who rely on the Chalimbana river.

The plaintiffs stated that the 10th plaintiff, Chalimbana River Headwaters Conservation Trust Limited, was incorporated for the purpose of conservation of the Chalimbana river.

They stated that as a result of the construction going on in the area, there has been water contamination from effluent discharge of the ZAF Twin Palm Housing Project, which was next to Kingsland Project and destruction of the forest which was likely to affect other rivers and impact members of the public and thus, they want an order of injunction to restrain the project and any other reliefs the court might deem fit.

And the High Court judge after hearing counsel for the plaintiff and upon reading the affidavits of Lukwanda ordered and directed that the defendants, whether by themselves or by their servants, agents or otherwise are restrained from carrying out any further building and construction works or any other restricted actions.

The judge also directed that costs of the application be for the plaintiffs.

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