1 August 2008
LOCAL Government and Housing Minister, Sylvia Masebo yesterday denied disregarding and disrespecting the court when she ordered Tandabale marketeers in Livingstone to vacate the site while an injunction was in force.
In her affidavit filed in opposition before Livingstone High Court Judge, Elizabeth Muyovwe yesterday, Ms Masebo argued that the application made by Mak Partners for the traders to have her cited for contempt was misconceived and misguided.
Ms Masebo asked the court to dismiss the application for leave for an order of committal with costs, arguing that it was an abuse of the court process and an attempt by the applicants to sustain illegalities under the court's shield.
This is in a case in which the traders have asked the Livingstone High Court to start contempt proceedings for issuing an eviction order for them to relocate to Libuyu market, when the injunction they had filed to restrain the council from evicting them from their trading places was still in force.
In opposing Ms Masebo's affidavit in opposition, the traders submitted that Ms Masebo was a total stranger who became aware of the injunction but went ahead to disobey it under the guise of being a minister, which amounted to contempt of court.
And solicitor general, Dominic Sichinga also applied to the court for the State to be part of the case.
In his submission, Mr Sichinga said local authorities generally acted as agents of Government and were superintended in the functions by a public officer, namely the minister responsible for Local Government and Housing.
Justice Muyovwe set August 12 for ruling on the applications.
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