48 HOUSES PUZZLE DEEPENS

...Loyana denied owning the houses - ACC

THE Anti-Corruption Commission (ACC) has submitted that Charles Loyana told the Commission that he owns only two properties and denied having bought any property from Lombe Bwalya and Associates where the infamous 48 houses are built.

ACC has also stated that despite Loyana claiming to be the owner of the 48 houses, he did not challenge the forfeiture proceedings that it instituted although being served with the notice of intention to have the properties forfeited to the State.

This is a matter where Norway–based Tanzanian Uziel Bashire, his cousin Zuberi Bigawa and Mr Loyana, a senior accountant at the Ministry of Finance, have sued ACC in the Lusaka High Court for seizing their property.

The trio want a declaration that the Notice issued pursuant to the ACC (Disposal of Recovered Property) Regulations, 2004 directed to Mr Loyana and certain other individuals regarding Mr Bashire’s properties no longer has effect in light of the rightful owner claiming the properties.

They seek a declaration that the arbitrary seizure and continuation of holding on of the properties by ACC despite the claim made by the rightful owner is unlawful and illegal.

Mr Bashire and two others want an Order for ACC to account and pay to Mr Bashire all the income received as rentals from the date of the seizure to the date of the Order and or in the alternative mesne profits.

But in an amended defence filed by ACC, the Commission says there is no record of either Mr Bashire or Mr Bigawa being granted an investment permit to enable them to invest in Zambia.

It also submitted the Power of Attorney between Mr Bashire and Mr Bigawa as well as that between Mr Bigawa and Mr Loyana does not state that the Norway-based businessman would have interest and also become a beneficial owner in future.

ACC states that the Power of Attorney also does not state that upon purchase, Mr Loyana would own and possess the properties.