By GRACE CHAILE LESOETSA
THE Busoli Royal Establishment (BRE) through Senior Chieftainess Nkomenshya Mukamambo II, have sued the State and Zambia Army commander Lieutentant General Dennis Sitali Alibuzwi, seeking damages for battery, assault and trespass.
BRE wants an order of the Lusaka High Court ordering the Commander to instruct his subordinates to halt all sorts of works and desist from harassing the residents in Muzembela village.
They are also demanding compensatory damages for the demolished houses and a restraining order against Zambia Army within 200 meters of the plaintiffs’ person or property.
The royal establishment is as well demanding that the Army returns their detained goods and should also pay punitive damages.
BRE, Mr Elijah Simba, who is the establishments’ lands committee vice-chairperson and Christopher Muzembela Chota as Muzembela village headman, have cited the Attorney General, Lt Gen Alibuzwi and Lieutenant Colonel Billy Munshya as defendants in the matter.
BRE stated that in 1972, Chieftainess Nkomenshya of the Soli speaking people demised a piece of land in her chiefdom under customary tenure to the government on request from then President Kenneth Kaunda for the establishment of a military cantonment to help quell the much advancements of belligerent insurgent guerrilla forces, and protect the city of Lusaka.
The cantonment was named Mikango Barracks and the piece of land included the south western side of the barracks, about seven kilometres, designated as the training area.
The plaintiffs stated that the land is still in customary tenure as Government has not filed any application for compulsory acquisition.
They stated that since 1972 the army and the people of Muzembela village lived in harmony until this year when the army started to trespass, assaulting subjects and damaging property.
The establishment claims that in 2019, a group of soldiers from the barracks as well as senior officers from other formations of the army, entered Muzembela village and started erecting beacons therein after presenting some certificates of title purporting to have been issued in 2015 to the Minister of Finance among others.
BRE stated that the said soldiers threatened the residents of Muzembela village with violent eviction if not death, unless they should leave the village of their own volition.
They claim that on June 13, 2021, a group of soldiers again entered the village between midnight and 04 hours beating people as well as breaking down houses and business structures.
BRE and two others claim that despite the numerous complaints about the soldiers’ conduct, the Army Commander has not acted.
They stated that on August 29 this year, two days after the harassment complained of, then army commander Lt Gen Sikazwe went to the media and justified his soldiers’ conduct charging that the residents of Muzembela village were resident in the army training area.
