By Edwin Mauluka
A lot of business operators outside the main Area 3 market in Lilongwe have been ordered to vacate the land which they have been operating for many years following the sale of the land to a businessman by the Lilongwe City Council.
A court order which Malawi Voice has seen, has brought panic to almost 200 business especially those operating in the section of restaurants, electronics, stationery and shops near the dumpsite for the market.
Business operators have since gone to court for help as they fear that the vacation order will turn them into street vendors since the council has not allocated them with a new place to continue doing business.
Court documents indicates that the land adjacent to the main market is under title number Bwaila 4/343, owned by business man Pravin Chandrasinh Vansia who possessed it pursuant to the High Court order dated 7th May 2019.
Vansia obtained a court order forcing all shops and businesses operating on the place to vacate. Occupants were served with a 30 days’ notice to vacate the land which expired on 30 June 2023.
“IT IS HEREBY ORDERED AND DIRECTED that the person who is in actual occupation of a land title number Bwaila 4/343 at Area 3, in Lilongwe City, or he/her servants, or agents or any other person in physical possession of the said land by authority of the said third party or howsoever DO VACATE and give possession of land title number Bwaila 4/343 at Area 3, to the Claimant within 30 days after the date from the date this order has been served on any person (s) in occupation of the said land.” Reads part of the order.
Tamara Chafunya, Public Relations Officer (PRO) for the Lilongwe City Council) confirmed in a questionnaire, of the sale of the land but maintained that the plot was not part of the market.
“The plot that was offered to the said developer is not and has never been part of the market. Plot 4/343 is a commercial plot adjacent to Area 3 Market.” Said Chafunya
She explained that the land in question was offered to the businessman long time ago but was unable to develop it.
“You might also wish to know that the plot in question was offered to the developer in 1998 and it is not a recent offer as might be portrayed. The developer was not able to develop the land over the years due to various reasons.” Added Chafunya
The Lilongwe City Council PRO could not indicate if the council will allocate a new market area for those to be affected by the order.
“The market remains intact and all those plying their trade therein shall continue doing so.” Said Chafunya
However, Chairperson for Area 3 Market Davie Katunga, who sell vegetables in the main market area 1996, faulted the council for its failure to consult business operators at the market.
“The decision by the City Council to sell this market, was wrong and has affected us and many people. If we are taken out of this market, where else are we going to do business? They haven’t informed us where to go after here.” Katunga said
He said everyone in the market learned about the sale of the land through a 30 days order which they received from sheriffs.
According to Katunga business operators at Area 3 had expected the Council to call for a roundtable to inform business operators about the land sale and the new designated market for those to be affected.
He also disclosed that since the court order was handed to them, city council authorities have been declining to discuss the matter with the market committee representatives.
“We made another attempt to follow up on the matter with them but this time the Chief Executive Officer sent our representatives to the legal counsel for the council. It was during this meeting that the lawyer told our representatives that the land was sold and there is nothing to stop them even if we try to seek for help anywhere.” Shared Katunga.
Katunga said their committee has gone to court to seek intervention which will help over 300 members currently operating restaurants, grocery shops, stationary, electronics and shoe repairs.
“Through our lawyer, we have applied for a Stay Order. We hope that by the end of this case, this place should remain with us and not given to one Indian business man because this market helps many people operating businesses here and their families.
Many women owning restaurants fear life will be hard
Mai Ngwira, Area 25 resident who operate a restaurant at Area 3 market fears that failure by the council to allocate a new market, risks indefinite closure of her business and in turn disturb her loan repayment with the National Economic Empowerment Fund (NEEF).
“Where are we going to do business or do they care for us at all? I got a loan from NEEF. Today they are telling us to leave this market, now how are we going to pay back the loan? How are we going to pay school fees for our children? We are being treated like foreigners.” She said
According to Mai Ngwira, Area 3 market has been her main happy hunting ground as a breadwinner where she sources income which she use to support her family, parents and relatives.
“If you look around this market, most of those doing businesses are small scale business women who are trying to get food for the day. Why chasing small scale business women who rely on a small business of selling nsima?”
“Government should come to our rescue because it encourages women to do business and it is very unfortunate that the very same government is chasing us from the market. What do they think we are going to do? The city officials needed to tell us where to go to do business.” Added Ngwira
Mussa Chimwala who has been operating business at the market since 1989 and is a secretary for the market committee said business operators feel there is no justice in the way Lilongwe City Council handled the matter hence their decision to seek court intervention.
“These are not times to infringe people’s rights, we all have rights. So, the process of vacating us has infringed our rights, because they can’t just come to tell us that we should leave within 30 days. That is not on. Many of us have been operating on this market for over 30 years, others over 20 years, some over 10 years, so they can’t just come to tell us to leave.” He said
He continued; “The right way was for the city authorities to come here to inform us that now you are being moved to another place. They can’t just end the market just like that. We have been paying market fees every day and annual ground rentals so they need to ensure that they have constructed a new place for us to continue operating our businesses.”
Mr. Nkhwazi who operates stationary business in the market said it is high time the city authorities begin to treat Malawians doing businesses fairy.
“When shall our city council authorities stop treating us this way? They deliberately create a gap between us and them. We don’t like clashes with city council, but these clashes happen because of their conduct. We could have moved out of this place peacefully if they had allocated a new place for us.” He said
Nkhwazi said business operators would like better relations with the council and that they demonstrate this warmth through payment of daily market fees to the council. He therefore said, they had expected the city council to reciprocate by approaching business persons as partners rather than through court order.
