COURT ALLOWS ACC TO SEIZE LUSAMBO’S PROPERTY

By Hannock Kasama

The Lusaka High Court has allowed the Anti-Corruption Commission -ACC- to seize former Lusaka Province Minister BOWMAN LUSAMBO’s properties in Lusaka’s Chamba Valley deemed to be proceeds of crime.

The court has set aside the judgment of the Subordinate Court that earlier quashed the decision of the ACC to seize the properties.

The Subordinate court had based its verdict on grounds that there was already a restriction N
notice on Mr. LUSAMBO’s properties.

The Court had also upheld Mr. LUSAMBO’s arguments that the Warrant of Seizure for his properties was not accompanied by an originating summon in line with Order Five Rule 11 of the Subordinates Court Act.

But following an appeal by the ACC, the High Court has set aside the judgment of the Subordinates Court delivered in April last year.

The High Court has endorsed all the four grounds of Appeal raised by the ACC.

Among the grounds of Appeal the ACC has argued that the restriction notice and warrant of seizure on a property do not serve the same purpose.

The ACC also said that Civil Jurisdiction Rules of the Subordinates Court cannot prevail over the Criminal Procedure Code in the investigation of Criminal Cases.

The High Court’s Judgment has been delivered by Judges PIXIE YANGAILO, SUZEN WENJELANI and KENNETH MULIFE.

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