By Jane Chanda
Lusaka City Council (LCC) Town Clerk Liftery Ndaba says the local authority has the statutory power to levy and collect rates under the Rating Act while and property rates are payable regardless of the services provided.
In a letter dated February 26, 2025 to the Eureka Park Resident Association (EPRA), Ndaba stated that the council’s primary focus was on collecting levies, which were used to fund various services and public works.
Reacting to an accusation by EPRA in a letter dated February 7, 2025, that the LCC had failed to provide public services, Ndaba noted that the basis of levying the rate was the value of property on the assumption it was sold, as opposed to a form of charge in anticipation of services from the local authority.
He stated that if EPRA had concerns or grievances over property rates levied on them, they should have lodged their objections before the Rating Valuation Tribunal within the stipulated time as required by law.
However, EPRA argued that the council was in breach of its constitutional and statutory duties, citing Article 147(2) of the Republican Constitution and Section 16 of the Local Government Act No. 2 of 2019.
The association demanded to know the legal basis for the council’s decision to send private companies to collect solid waste from households at a fee, when it was the council’s constitutional duty to provide this service.
Ndaba questioned the identity of EPRA, but the association clarified that it was the Eureka Park Resident Association, which had developed the Eureka Home Residential Area with its own private roads, security, and facilities.
Despite the council collecting rates from this area, EPRA claimed that the LCC had failed to provide adequate public services. The LCC’s response had been deemed inadequate, with EPRA stating that they did not consider Ndaba’s response as adequate in view of the statutory provisions cited.
EPRA pointed out that the LCC was failing to provide essential services such as stormwater management, waste management and maintenance of local roads. They also accused the LCC of failing to provide a schedule of services and public works to be undertaken in 2025, despite collecting rates and other levies.
EPRA further noted that the council’s failure to provide public services has resulted in deplorable conditions in various communities, with solid waste littered all over the streets and sewerage effluent spewing out of pipes onto public roads and walkways.
But LCC argued that it generated its own revenues to foster delivery of social and developmental services to the various communities falling within its territorial jurisdiction.
“It remains to be seen how the issue will be resolved, but we are eagerly awaiting court process,” stated Ndaba.
