STATE TO TAKE OVER CHIYESO LUNGU’S PROPERTIES THROUGH FORFEITURE

THE Economic and Financial Crimes' Court has ordered for the forfeiture to the state, properties belonging to former President Edgar Lungu's daughter, Chiyeso Lungu for being tainted.

In a judgement delivered yesterday, the court was on firm ground that the Director of Public Prosecutions (DPP) had successfully made out its case for Non- Conviction Based forfeiture of tainted property.

In this matter, the DPP alleged that according to investigations by the Drug Enforcement Commission (DEC), Ms Chiyeso, a lawyer, owned two farms with a high-cost house, four chicken runs and three flats in Lusaka’s State Lodge area, property worth K9, 375, 438.62, and acquired between 2013 and 2021,

The DPP also stated that a probe at Zambia Revenue Authority (ZRA) showed that the former President’s daughter never declared any tax income and her company, Crest Lodge, on property no. LUS /38478, off Twin Palm Road in Ibex Hill in Lusaka, declared VAT amounting to K14, 306, 103.87 and also declared rental income amounting to K375, 000.

He said the value of the seized property was way beyond her known income.

Ms Chiyeso in her opposing affidavit told the court that she bought the State Lodge property using the K3 million given to her by her parents.

Ms Chiyeso has contended she owns the properties and do not form proceeds of crime as they were lawfully purchased with legal and traceable sources of income. "It is not a crime for responsible parents to support their children in the manner my parents have consistently done. I had no and still have no reasonable basis to suspect or doubt my parents’ capacity to raise K3, 000, 000 which they availed me for purchasing the first property. The present matter falls within the category of malicious prosecution or abuse of court process," she submitted. The court sitting as a three-member panel comprising Judges Ann Malata-Ononuju, Ian Mabbolobbolo and Vincent, said that Ms Chiyeso the interested party, in the case had failed to provide evidence to the satisfaction of the court to prove the assets were not acquired through proceeds of crimes.

Justice Malata-Ononuju stated that a mere mention of her father having assisted in purchasing the property was not enough evidence.

Justice Malata-Ononuju said the State had established a prima facie case against Ms Chiyeso and she was tasked to prove the allegations otherwise.

The court granted Ms Chiyeso leave to appeal against the judgement if dissatisfied.