Esther Lungu’s 15 flats case comes up today
THE Economic and Financial Crimes Court (EFCC) will today hear the matter in which the Director of Public Prosecutions (DPP), Mr Gilbert Phiri is seeking a Non-Conviction Based forfeiture to the state of former first lady Esther Lungu’s flats, suspected to be proceeds of crimes.
The court has also summoned Mr Brian Muleya Mutakwa, the branch manager at Zanaco Bank, Cairo branch; and Mr Choolwe Chiyala, the relationship manager of First National Bank Zambia Plc, to produce bank statements in respect of Ms Lungu (Interested party) and the Esther Lungu Foundation Trust.
The member panel comprising High Court Judges Pixie Yangailo, Mr Ian Mabbolobbolo and Mr Vincent Siloka, in its ruling dated March 11, 2024, declined to grant Ms Lungu the application to stay the proceedings in the case pending appeal to the Court of Appeal.
Ms Lungu on January 10, 2024, appealed to the Court of Appeal raising five grounds against the composite ruling dated December 11, 2023 by the EFCC.
She argued that the EFCC erred in law and in fact in interpreting the provisions of Article 133(3) of the Constitution of Zambia (Amendment) Act, no. 2 of 2016 and concluding that (i) a specialised court as provided for in the said Article is a Division of the High Court; and (ii) the Chief Justice through SI no.5 of 2022 established the Economic and Financial Crimes Court as a Division of the High Court.
She contended that the EFCC faulted the law by holding that the matter was properly commenced by the DPP by way of originating notice of motion despite the said mode of commencement not being specifically and particularly provided for by the Forfeiture of Proceeds of Crime Act, no.19 of 2010 thereby divesting the court of the jurisdiction to hear the matter.
But the court in its ruling opined that the jurisdiction and establishment of the EFCC, which questions were settled in the recent case of Bowman Lusambo v Attorney General.
In this matter, the DPP filed a notice of motion before the EFCC, seeking an order for the forfeiture of Ms Lungu’s 15 flats situated in State Lodge on reasons that they were built through proceeds of crime.