Crookedness and deception of GM Properties Limited has finally been exposed following revelations that the company illegally constructed on public land in Area 26.
Former Lilongwe District Lands Officer James Mwenda – now District Commissioner for Salima – revealed that the company went behind its back by commencing construction work on a piece of land whose original owners it never compensated.
Mwenda was responding to questions from defense lawyer, Counsel Oscar Taulo, who wanted to know if it was procedural for GM Properties Limited to start developing the land before paying compensations to the occupants.
Taulo: These villagers have suffered injustice in the hands of GM Properties Limited
“Honourable DC, was GM Properties Limited allowed to start developing the land before compensating the villagers? What is supposed to be the first between paying compensations and developing the land?” asked Taulo.
In his response, Mwenda indicated that GM Properties Limited was in contravention of the law by commencing construction work before compensating the villagers.
Taulo further sought clarification from the DC on whether the company acted within the law by initiating the process of a lease for the land before compensating the residents.
Again, Mwenda stated that the company acted dishonestly securing a lease without the knowledge of Lilongwe District Council.
“Of course, I can’t explain how the company got the title deed. But Let me re-emphasize that processing of a title deed (lease) can only start after all the development affected people have been duly compensated. In this case and to our knowledge [at Lilongwe District Council], none of the villagers has been compensated to date,” he stressed.
During cross-examination, leader lawyer for the claimant Jefferson Luwa insisted that his client duly compensated the villagers.
But Mwenda challenged Luwa to produce the documents to support the claim.
“Actually, it is supposed to be the other way round. The developer [GM Properties Limited] was supposed to issue a cheque to the council, which the council would, in turn, encash and pay the development affected persons, with each one of persons signing against the amount he or she has received. In our case, nothing of that sort happened.
“Therefore, it’s not true that the villagers were duly compensated when we don’t any documentation to support the said payment,” said the DC.
Speaking to journalists after the court proceedings, Counsel Taulo said it was evident from the testimonies tendered, so far, that GM Properties Limited wanted to take advantage of the villagers’ lack of knowledge and awareness on their rights to “steal” the land.
“It is evident from what the witnesses have furnished the court with that the claimant had ill-intentions. But I am happy that the truth is now coming out and we are confident that these villagers, who have lived a miserable life because of the deceptive tactics by the claimant, will get the justice they have been looking for,” he said.
Meanwhile, the presiding High Court judge Howard Pemba has adjourned the case to a later date after the Commissioner for Lands, Iman Malijani, indicated that he needed seven days to gather the information that Judge Pemba is requesting from his office.
Among others, the learned judge is demanding documentary evidence to support the claim GM Properties Limited is making that it compensated the villagers.
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