ESTHER LUNGU CHALLENGES DPP OVER NON-CONVICTION FORFEITURE

By GRACE CHAILE

FORMER First Lady, Esther Lungu, has insisted the non-conviction forfeiture proceedings against her by the Director of Public Prosecutions (DPP), Gilbert Phiri, are unconstitutional and violates her right to self-incrimination.

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Ms Lungu argues that the DPP has failed to establish that the 15 flats said to be worth K24 million are tainted property, for them to be liable for forfeiture to the State. 

“That I verily believe as advised by my advocates that the applicant has failed to obtain an order of this court in respect of which the property sought to be forefeited is established to be tainted property and in the absence of such an order I verily believe that the proceedings herein violate my constitutionally guaranteed right to be presumed innocent until proven guilty as these proceedings attribute guilt with no prior conviction associated with the said properties,” she contended.

In this matter, the DPP filed a notice of motion before the Economic and Financial Crimes Division-High Court, seeking an order for the forfeiture of Ms Lungu’s flats situated in State Lodge on reasons that they were built through proceeds of crime. 

The DPP has challenged the former her to proof the legitimate acquisition of the said seized property because according to investigations by the Drug Enforcement Commission (DEC), she has no income capacity to develop such real estate. 

In a latest development on the case, Ms Lungu through her lawyers, D. Findlay and Associates, Legal Practitioners and Makebi Zulu Advocates has raised Preliminary Issues (PI) and asked the court to dismiss the notice of motion. 

She has challenged the existence of the Economic and Financial Crimes Court because it was constituted by the Chief Justice by Statutory Instrument (SI) number 5 of 2022 as a division of the High Court is contrary to Article 133(2) and (3) of the Constitution of Zambia ( amended) Act number 2 of 2016.

Ms Lungu has also raised issue in the manner the case has been commenced by way of originating notice of motion, which she says is contrary to the provisions relating to the prescribed mode of commencement of actions.

“. Whether or not the action herein is in fact premature, incompetent and therefore null and void, there being no predicted proceedings determining that the property in respect of which the order sought is “tainted property” as defined by Section 2 of the Forfeiture of Proceeds of Crime Act No.19 of.2010; the absence of which predicted proceedings violates the provisions of Article 18 of the constitution of the Republic of Zambia,” she challenged. 

She argues that the exhibits of her bank statements obtained by DEC flouts the provisions of the law in relation to banker’s books and the law in relation to computer generated evidence.

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DON’T SCANDALISE HH OVER BOTCHED GOLD SCANDAL – MWIIMBU

…advises other government wings to desist from commenting on the gold scandal to allow the DEC to professionally deal with the indignity

By SHARON ZULU

POLITICIANS should not use the botched gold bullion scandal transaction to maliciously scandalise and demonise President Hakainde Hichilema and State House staff, Jack Mwiimbu has said.

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Mr Mwiimbu, the Minister of Home Affairs and Internal Security says President Hichilema and State House staff should be left out of the gold scandal in which the Drug Enforcement Commission (DEC) seized US$5, 697, 700 from a private jet, pistols, seven magazines, 126 rounds of ammunition and 602 suspected pieces of gold, which has since turned into a combination of copper, zinc and tin.

“Let the investigative wings investigate the matter and the truth will be known by the public at an appropriate time. We also want to appeal to the nation and those individuals who are fond of making malicious allegations without verifying the truth that in due course, appropriate action will be taken.”

“This is not a threat. We as government have stated on several platforms that we shall ensure that the rule of law obtains,” Mr Mwiimbu said 

Mr Mwiimbu warned other government wings to desist from commenting on the botched gold bullion transaction and to leave the DEC to handle the matter.

Mr Mwiimbu said as the lead investigators, the DEC will handle the investigations pertaining to the gold scandal.

“All the other wings of government should desist from making comments on this matter. Comments pertaining to this particular matter will be handled by the Drug Enforcement Commission who are the lead agency in this investigation.

“We also want to appeal to members of the public, who may have particular information pertaining to  this particular gold saga to report and inform the investigative wings of the information they may have in order for the investigative wings to expedite this particular process,” Mr Mwiimbu said

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More arrests made in ‘golide’ scam unveiled by authorities

THE Drug Enforcement Commission (DEC) says the gold saga that recently captured widespread attention on social media is, in fact, a sophisticated scam. Speaking at a media briefing yesterday, DEC Director General Nason Banda disclosed that thorough investigation has uncovered a network of individuals behind this fraudulent operation. Mr Banda said the investigative process has […]

Novel treatment based on gene editing safely and effectively removes HIV-like virus from genomes of non-human primates

A single injection of a novel CRISPR gene-editing treatment safely and efficiently removes SIV—a virus related to the AIDS-causing agent HIV—from the genomes of non-human primates, scientists at the Lewis Katz School of Medicine at Temple University now report. The groundbreaking work complements previous experiments as the basis for the first-ever clinical trial of an HIV gene-editing technology in human patients, which was authorized by the Food and Drug Administration (FDA) in 2022.