By Mwaka Ndawa
MINISTER of Justice Given Lubinda has commenced judicial review proceedings in the Lusaka High court against the Lusaka City Council’s delay to confer him his Aldermanship title.
An Alderman is a senior member of a local council elected by other councillors to represent people in their ward at council meetings.
In modern days, Aldermen are refered to as councillors.
Lubinda is seeking an order of mandamus compelling the local authority to implement its resolution to confer him his honorary title.
In an affidavit verifying facts relied on for leave to apply for judicial review, Lubinda, who has been Kabwata Constituency member of parliament since 2001, stated that he served as a councillor of the Lusaka City Council for 15 consecutive years from 2001 to May 11, 2016.
Lubinda explained that on May 5, 2016, the Lusaka City Council, by way of resolution C/137/05/16 decided to bestow him the status of Alderman.
“Despite the LCC’s resolution being passed, as far back as May 5, 2016, I was only informed of the said resolution on June 23, 2017 by way of a letter from the town clerk. By way of the said letter, the council informed me that the official implementation of its resolution was to be held on June 27, 2017 and further that my attendance was required,” Lubinda said.
He stated that some time after June 23, 2017, LCC, through the town clerk, informed him of the postponement of the official implementation of its resolution to a later date to be advised.
Lubinda said that on June 25, 2018, he wrote to the council requesting it to implement the resolution and that he later engaged it on several occasions over the past years, but to date, the council had refused or neglected to confer him his honorary title of Alderman.
He said on February 10, 2021, his advocates sent a letter to the Lusaka City Council demanding the implementation of the resolution and on February 15, 2021, he was replied to and the council requested for an extension of time within which to comply with the said demands.
Lubinda stated that his lawyers wrote to the council and extended the time in which to comply with his demand by 10 days but it has not responded to him.
He complained that that the Lusaka City Council’s delay to confer him his honorary title was unreasonable and irrational and made without justification.
He further lamented that the delay by the council to confer him the status of Alderman had adversely affected him as the council has acted unfairly by not giving him reasons for its reluctance to implement the resolution.
Lubinda further stated that the council’s decision to indefinitely defer the implementation of the resolution was illegal as it was not based on any provision of the Local Government Act Cap 281.
“During the period that the council has not implemented the resolution, the applicant has suffered loss of income from sitting allowance and discounted ground rates,” Lubinda stated.
He added that he was entitled to a claim of damages within this application.
Lubinda is further seeking a declaration that the council’s decision to defer the implementation of its resolution is illegal and constitutes abuse of process.
He also wants consequential orders and costs.