KASANDA’S PROPERTY SHOULD BE SEIZED - AG

ATTORNEY General Mulilo Kabesha has justified the seizure of Sedrick Kasanda’s property contending that investigations by the Drug Enforcement Commission (DEC) revealed fraudulent dealing in minerals and tax evasion by the petitioner. Mr Kabesha contends that Article 16(2) (t) of the constitution allows for seizure of property for purposes of investigations. He has objected to Kasanda’s claim that his fundamental rights were infringed upon during the search at his Ibex Hill home and stated that DEC conducted the search pursuant to a duly executed search warrant issued under section 52 of the Narcotic Drugs and Psychotropic Substances Act no.35 of 2021. “That the investigations revealed that there was an element of fraudulent dealing in minerals and tax evasion on the part of the petitioner and his company, prompting the officers to believe that the property was derived or acquired from proceeds of crime as fraudulent dealing in minerals without a licence and tax evasion are both predicate offences of money laundering,” the Attorney General submitted. This is in a matter in which Lusaka businessman Kasanda is challenging the seizure of his properties last year by DEC. He contended that the confiscation of his properties which included his residential house known as Plot No. 19 Main Street, Ibex Hill, Lusaka, cars and all the properties on it was unjustifiable and illegal. But Mr Kabesha in his affidavit in reply filed in the Economic and Financial Crimes Court submitted that Kasanda ought not to be in a haste to claim legitimacy of the properties until he is cleared in the investigations. The Attorney General added that the seizure of the properties for investigation purposes did not amount to compulsory acquisition as the property may be returned to Kasanda depending on the outcome of the investigations.