The Mwanawasa house can’t be sold

It is government property subject to the provisions of the Public Finance Management Act No. 1 of 2018 and therefore requires Secretary to the Treasury to authorize any disposal.

By Chanda Chileshe

Lusaka, 19th April – The retirement house for former President Levy Mwanawasa cannot be sold without treasury authority as it is being built using taxpayers’ money, lawyer Dickson Jere told the Court.

This is a matter in which two money lenders, Esther Chipasi and Osuman Mustapha, sued former First Lady Maureen Mwanawasa demanding for eviction and possession of the former President House which is under construction by government.

But D. Jere of Messrs Dickson Jere and Associates who is acting for the Mwanawasa family argued that the money lenders cannot take possession or sale the house which currently belongs to the state.

“They (applicants) have not given full disclosure to this Court and the nature of the transaction. It was a loan agreement of K2.1m but the lenders are demanding millions of US dollars in interest, which is very unconscionable,” Jere told the Court.

Three housing units, meant for workers, have been completed and occupied by the Mwanawasa family but money lenders want them to be paying rent instead. Jere argued that the family cannot be evicted without a State authorization and Court Order.

“That the three housing units in Lot No. 2480/M Chongwe are government property subject to the provisions of the Public Finance Management Act No. 1 of 2018 and therefore requires Secretary to the Treasury to authorize any disposal,” Jere told the Court according to court records obtained.

“That the applicants (money lenders) herein have no ownership of Lot No. 2480/M as it is subject to the Benefits of Former Presidents Act, Chapter 15 of the Laws of Zambia,” Jere further told the court in the preliminary issues raised.

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The lawyer wondered why University of Lusaka which claimed to have bought the land were not before Court when they were the ones who were trying to take possession and evict the family of late President Mwanawasa.

“Had they (UNILUS) done just a little bit of due diligence, they would have realized that, that property cannot be sold. It is currently occupied by the Mwanawasa family by virtue of another statute, in this case the Benefit of Former President,” Jere told the Magistrate Court.

He also raised an objection to the jurisdiction of the Magistrates Court saying it has no powers to determine such a matter that involves the estate in the value of over US$2m.

But lawyers representing the money lenders Paul Norah and Advocates insisted that Mrs. Mwanawasa has failed to buy back the property and therefore their clients sold it to UNILUS.

When the matter came up for ruling on Friday, the money lenders through their lawyer abandoned the matter by filing a notice of discontinuation of the case before the Court could make a determination.

UNILUS has now sent certified bailiffs to evict the family of Mwanawasa from the government property that is still under construction and at roof level.

Under the law, government is mandated to build a house at the place of the former President’s choice with housing units within for the government workers servicing the former Head of State.

Once the house is completed, it is then officially handed over to the former President and his Family. Government is yet to complete and hand over the house to the Mwanawasa family and it’s currently paying rentals for the First Lady until the house is completed and handed over.

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