Chitotela Wins Asset Case Against ACC
“As the irregularity was occasioned by the court’s own
mischaracterisation of the matter.”
The Supreme Court has quashed a judgement by the Economic and Financial Crimes Court that seized former tourism minister Ronald Chitotela’s property in State Lodge.
The Supreme Court has instead directed that the matter should be heard afresh in an ordinary High Court not in the Economic and Financial Crimes Court.
The Anti Corruption Commission grabbed Chitotela’ s property on the grounds that it was proceeds of criminal activities.
In response, Ronald Chitotela sued the ACC, seeking a declaration that his State Lodge property, seized by the ACC was legally and genuinely acquired.
But the matter was allocated to the Economic and Financial Crimes Court which duly dismissed the petition on the grounds that Chitotela failed to prove his claims on a balance of probabilities.
Chitotela challenged the decision of the Financial Crimes Court alleging that the matter hinges on his constitutional rights and should be heard by an ordinary high court division instead of the Financial Crimes division.
He argued that there were irregularities in the way the matter was transferred from the ordinary High Court to the Economic and Financial Crimes Court.
His appeal was dismissed by the Court of Appeal but the Supreme Court has agreed with him.
The matter will start afresh in the High Court.
Chitotela is in prison and the court’s have denied him bail pending appeal.
