By ALICE NACHILEMBE
The Chingola Magistrate has told PF Bupalo Ward Councillor Nelius Mumba of Nchanga Constituency that he has no authority over land.
The court has equally told Mr Mumba that not even Chingola Municipal Council has authority over the land that has been re-entered by the Ministry of Lands.
This is in a matter in which five people have been dragged to count for criminal trespass and Councillor Mumba was called as a witness by one of the accused.
Particulars of the offence are that Crispin Simukonda 46, Juma Banda 29, Layment Chisenga 64, Brian Lubumbe 60, and Asafu Banda 47, between December 1, 2019 and June 6, 2020 willfully but unlawfully entered the property of Emmanuel Chitambala therein to commit a felony.
Mr Mumba kept referring to the council as the ones who gave the complaint two lots of land on the said land but the court reminded him that the council has no authority over land that has been re-entered by the Ministry of land.
He was told that the council are just agents for the Ministry of Lands.
Mr Mumba told the court that the lots in question before court were repossessed by the council because the lease had expired.
And it was discovered that from the same land two lots belonged to the complaint so the council decided to give him the same lots.
He said that after some time it was surprising that the complaint started claming about two more lots to be his in the same area.
A lot is a piece of land which can accommodate about 50 high cost plots.
Mr Mumba who told court that the council gave the complaint the two lots from the same land was told by the Magistrate that the council are just agents of Ministry of Lands and they have no rights to re-enter land once lease exipires.
He was told that the Commissioner of Lands was in court testifying on the same case and that the same land was on title hence council could not have repossessed it as they have no authority.
Magistrate Stephen Mabona said that like the Commissioner of Lands said the land was on title and that it was illegal for the settlers to be on the same land.
He has adjourned the matter to October 2, 2020 for the continuous of trail.