TITLE:
Problematic of Encroachment of Easement Areas in Lubumbashi/DRC, Public-Private Conflict: Status Report in the Reading of the Inter-Ministerial Order No. 0021 of October 29, 1993 Concerning the Application of the Regulations on Easements
AUTHORS:
Christian Bajima Wahelwe, Serge Kalonji Muangala, Joël Kwaleso Munanga, M’Zimbes Sophia Carole, Olive Nkimba Mwanza, Lwamba Taki, Paul Tambani Muzita, Martin Tshisuaka Nagalula, Lukumwena Nsenda
KEYWORDS:
Easements, Law, Subdivision
JOURNAL NAME:
Open Access Library Journal,
Vol.9 No.2,
February
16,
2022
ABSTRACT: The present work focuses our attention on the anarchic occupation of the easement zones in the city of Lubumbashi against the law texts on the matter, particularly the Inter-ministerial Decree No. 0021 of October 29, 1993 concerning the application of the regulation on easements. This first study was carried out on two samples of the City according to the contexts of old allotments inherited from colonization and allotments created after colonization. The objective is to identify the causes of these encroachments, to verify the level of applicability of the law under study and, with the help of professionals of the sector (75% of the architects members of the Order of Architects in the Province having participated in the study), to suggest some avenues of reflection to be explored later on as sustainable solutions. The results of the surveys give us the following indications: 82% of the cases identified are the responsibility of the public authorities, while users are involved in 25% of the cases and 21% by the professionals of the sector. A table of recommendations is presented as avenues to explore to clean up the city whose management and use seem to be abandoned by all.