By Brightwell Chabusha
The Anti-Corruption Commission (ACC) has disputed that a Tanzanian who has sued it cannot be the beneficial owner of the 48 houses because he does not have capacity to own land in Zambia.
This is in a case in which Uziel Bashire, a Tanzanian, has sued the ACC in the Lusaka High Court, seeking an order that he is the beneficial owner of the 48 houses and as such, he should be granted possession of the properties.
Bashire, who is currently residing in Norway alongside his cousin Zuberi Bigawa, also a Tanzanian and Ministry of Finance senior accountant Charles Loyana are seeking a declaration that the seizure of the properties despite the rightful owner making a claim, is unlawful and
illegal.
The plaintiffs, who are represented by Willis Muhanga of AKM Legal Practitioners, also want a declaration that the Notice issued pursuant to the
Anti-Corruption Commission (Disposal of Recovered Property)
Regulations, 2004 directed to Loyana and certain other individuals
regarding Bashire’s properties, no longer has effect in light of the
rightful owner claiming the properties.
The plaintiffs further seek an order for ACC to
account and pay to Bashire all the income received as rentals from the date of the seizure of the properties to the date of the order or in the
alternative, pay mesne profits.
But the ACC, in a defence filed in court, stated that the plaintiffs are not entitled to any of the reliefs they are seeking.
ACC stated that it was mandated to prevent, detect, and prosecute
corruption related cases and any other offences under any law that it may come across during investigations.
ACC submitted that it followed the procedure of
forfeiting the properties in dispute to the State.
It stated that Loyana denied having bought any property from Lombe Bwalya & Associates.
ACC stated that Loyana’s wife in a statement to ACC explained that she only made one or two applications on behalf of other people
and not the 24 applications alleged in the statement of claim.
ACC stated further that it shall aver that Chali Chitala of then GM Legal Practitioners of Kitwe, denied ever executing any documents
relating to the ownership of properties in dispute and that during the interview, Loyana also denied buying any property from Lombe Bwalya
and Associates despite him being issued with receipts for the purchase of the properties by Lombe Bwalya and Associates.