Wed, 07 Dec 2016 07:32:33 +0000
By Chikumbi Katebe
FOOTBALL Association of Zambia president Andrew Kamanga says he is not going to allow the Millennium Challenge Account, a US-funded agency undertaking the overhaul of water and sewer facilities in Lusaka’s impoverished settlement areas, to proceed with the works on the Lusaka Water and Sewerage Drainage and Sanitation project on his Chamba Valley property unless he gets the piece of land he wants in the Mass Media area.
This is in a matter in relation to Plot no. 96381, Lot 3130/M in Chamba Valley over which the MCA has sued Mr Kamanga for refusing to vacate the land and obstruction of works after he chased away contractors despite having been paid for the piece of land.
In his affidavit in opposition to the application for interim injunction, the FAZ president said the contract of sale has not been met in full, hence his decision to U-turn on the agreement.
He charged that the Ministry of Lands have not fulfilled their contract agreement as they have not delivered on their offer of a piece of land in the Mass Media area.
“In addition to the grant of possession upon exchange of contracts, it was also a condition of the said contracts that the Ministry of Lands would offer the defendant an acre of acceptable land elsewhere. This condition has only been partially fulfilled by the Ministry of Lands,” he said.
He explained that he offered to sell the land to MCA at K2 million although they offered to pay K305,000 as indicated in a valuation report, but that it was very clear that the offer price was K2 000 000, and that is when the Commissioner of Lands undertook to offer him alternative pieces of land to bridge the gap in the purchase price.
“That in line with the letter dated 28th November 2014 from the Commissioner of Lands agents from the Ministry of Lands Natural Resources and Environmental Protection did show me the prospective 1 acre piece of land in Mass Media area, Lusaka, to be granted to myself upon the signing of the contract of sale with the plaintiff,” he submitted.
“That upon confirming that the alternative one acre piece of land in Mass Media was acceptable to me as part consideration for the sale of the subject land to the plaintiff, I assigned a Contract of Sale of the subject land with the plaintiff on 8th January 2015.”
Mr Kamanga explained that the plaintiff was aware of the validity of the contract that it was on condition of receiving an irrevocable offer of acceptable land from the Commissioner of Lands, and nothing else.
However, the MCA in their pleadings indicate that they stood to lose financially and in terms of contract time for the project as they would continue to pay contractors even without any work progress.
They said not granting a restraint against Mr Kamanga would result in loss of work progress in the project already underway and at advanced stages in other locations expected to connect to the reservoir.
MCA charged that the project stood to suffer irreparable damage at the loss of time and thousands of beneficiaries would consequently fail to receive quality water supply due to failure to complete the project within the period ending November 15, 2018.
They argued that the land in question was vacant at the time of occupation, and that the Government has since gazetted it for compulsory acquisition for the benefit of the people.
They accused Mr Kamanga of breaching the contract of sale as he already collected the money but deliberately refused several land offers given to him.
