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| National |
| City Assembly seeks court help against police |
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by
Pilirani Semu-Banda, 08 December 2004
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08:58:40
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The Blantyre City Assembly has dragged the Malawi Police Service to court seeking order that will make the police provide security during the assembly’s removal of illegal and temporary structures erected by vendors and other traders in public places,
Court records indicate that the police service has been refusing to assist in the exercise and the High Court in Blantyre is expected to hear from the police this morning why they do not want to do their public duty.
The records show that the assembly wants to remove traders plying their wares in shop fronts in Limbe and Blantyre, along the major roads and areas around the High Court and Southern Region police headquarters where vehicles are being sold.
Judge Anaclet Chipeta refused to grant the order to the city assembly on October 22, saying he thought the matter needed both the assembly and the police to present their cases to the court.
The court documents show that lawyer Samuel Tembenu filed an affidavit to the court asking it to order the police to provide security during the exercise since “the presence of police is crucial in such matters in order to maintain peace and calm as the vendors tend to become hostile”.
The records also show a letter from the assembly’s chief executive Sophie Kalimba to Tembenu indicating that the vendors and their wares have to be removed because they “are making our city look filthy and an eyesore”.
“During these exercises, the police always accompany us for security reasons but this time they would like us to get a court order for whatever reasons,” said Kalimba’s affidavit.
And Tembenu has since asked the court to sanction and authorise the city assembly to remove the structures and shacks “illegally erected” along the streets, that the assembly should remove all vehicles illegally parked for purposes of sale and that an order be granted for the police to accompany the assembly in undertaking the exercise to provide security and maintain peace and order.
He said this exercise will be done under the Town and Country Planning Act, the Public Health Act and the Blantyre City Assembly Traffic and Road Safety by-laws.
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