BOWMAN LUSAMBO ‘HOMELESS’ AS COURT UPHOLDS ACC APPEAL
April, 25th 2023
LUSAKA – The Economic and Financial Crimes Court has upheld the four grounds of appeal filed by the Anti Corruption Commission in relation to a matter in which the Lusaka magistrate court declared a warrant of seizure placed on Bowman Lusambo’s Chamba Valley properties by the ACC as null and void.
Economics and Financial Crimes Court Judge Pixie Yangailo who delivered her ruling further dismissed Mr Lusambo’s argument that the appeal be set aside as it is anchored on a subsisting criminal cause.
Judge Yangailo who sat with Judges Susan Wanjelani and Judge Kenneth Mulife a warrant of seizure can still be issued on a property that is subject of a Restriction Order in order for the state to have temporal custody or control of the said subject.
She also agreed with the ACC that a warrant can either be an order of court or Notice issued by the Director General of the ACC as provided for under section 58 of ACC Act and added that section 3 of the Act guides on the definition of seizure.
She further said the lower court had no authority to review the order as it did when reversing the warrant as the proceedings were criminal in nature as such powers are only vested when subordinate courts are dealing with civil matters.
” Rules applicable to warrants are those provided for in the criminal procedure code. In reference to Order 5 rule 11 of the surbodinate court which require the filing of an affidavit before it be used in court was a misdirection, especially that the matter was still at an investigation stage and no criminal proceedings had commenced”, Judge Yangailo said as she further found merit in the ground of appeal.
She has granted Mr Lusambo who was represented by Counsel Botha of Makebi Zulu Advocates leave to appeal.
(C) THE FALCON
