Tasila to learn fate of Sinda farm on April 15

…as EFCC sets judgement day in a case DPP wants her land forfeited to State

THE Economic and Financial Crimes Court has guided that the Director of Public Prosecutions (DPP) has the legal capacity to apply to court for the forfeiture to the State of property suspected to be tainted.

The court stated that the DPP in Section 29 of the Forfeiture of Proceeds Crime Act is empowered to commence criminal or civil proceedings in matters relating to financial and economic crimes.

This is in a ruling on the preliminary issues raised by former President Edgar Lungu’s daughter, Tasila Lungu, in which she contended that the DPP had no legal capacity to sue or to be sued.

She therefore argued that the EFCC had no jurisdiction to hear the matter the DPP, Mr Gilbert Phiri, is seeking a non-conviction based forfeiture order of her farm in Sinda for being tainted property.

But the three panel of judges who heard disagreed with Ms Tasila’s arguments, stating that Article 180 (1) of the Constitution of the Republic of Zambia (Amendment) No. 2 of 2016 gives the DPP prosecutorial power to institute criminal proceedings against a person in court.

The three judges are Susan Wanjelani, Pixie Yangailo and Vincent Siloka.

“The law as it stands is that a public Prosecutor may apply to court for an order forfeiting to the State all or any property that is tainted property. As has already been established under Section 2 of the Criminal Procedure Code, a public Prosecutor also includes the DPP.”

Meanwhile, the Court of Appeal has stayed proceedings before the EFCC in a matter the DPP applied for a forfeiture order of former First Lady, Esther Lungu’s 15 flats in State Lodge pending determination of the appeal.

Ms Lungu appeared before the EFCC yesterday in her capacity as an interested party opposing the DPP’s application.

Ms Lungu on January 10, 2024, appealed to the Court of Appeal raising five grounds against the composite ruling dated December 11, 2023 rendered by the EFFCC