ECONOMIC AND FINANCIAL CRIMES COURT DENIES FORMER FIRST LADY ESTHER LUNGU STAY OF EXECUTION ON FLATS FORFEITURE
Court rules that no sufficient grounds or special circumstances were presented to halt the forfeiture of 15 double-storey flats to the state.
Lusaka, Zambia, December 18 – The Economic and Financial Crimes Court has declined former First Lady Esther Lungu’s application to stay the execution of a ruling that forfeited her 15 double-storey flats to the state. The court found that Esther failed to present sufficient grounds or special circumstances to justify such a stay.
On September 27, 2024, the High Court ruled that the flats were “tainted properties” and ordered their forfeiture to the state. Esther subsequently appealed the judgment to the Court of Appeal and sought a stay of execution from the High Court to prevent immediate enforcement of the forfeiture.
In a ruling delivered by Justices Pixie Yangailo, Ian Mabbolobbolo, and Vincent Siloka, the court emphasized that the decision to grant a stay is discretionary and requires compelling grounds. “It is a well-settled principle of law that a successful litigant is entitled to the immediate enjoyment of the fruits of the judgement,” the ruling stated.
The court clarified that a stay may only be granted under stringent conditions, including where the applicant demonstrates a risk of irreparable loss, the presence of special circumstances, or a situation where the appeal would become moot without a stay.
The judges reviewed the grounds of appeal submitted by Esther and concluded they lacked sufficient prospects of success. “Accordingly, we have perused the grounds of appeal exhibited, and it is our opinion that they do not disclose any prospects of success, especially taking into account the facts and the authorities cited in the judgement being appealed against,” the ruling read.
Esther had argued that the forfeiture violated her constitutional right to property and raised concerns about the court’s departure from precedent. However, the court ruled that these arguments failed to meet the threshold for granting a stay.
“Further, as can be seen from the affidavit evidence, the issues that the interested party seeks to rely upon do not constitute special or exceptional circumstances on which the court may grant a stay of execution of the judgement,” the judges stated.
The court underscored the distinction between conviction-based forfeitures and the non-conviction-based forfeiture applied in this case, dismissing any legal provisions cited by Esther’s counsel as irrelevant to her case.
In its final decision, the court declared: “We are therefore not satisfied that the interested party has made out a good case to persuade this court to exercise its discretion to stay the execution of the judgement pending appeal. The interested party has not advanced good grounds, let alone special circumstances, to warrant this court to exercise its discretion to grant a stay of execution of the judgement dated September 27, 2024, pending the hearing and determination of the appeal. This application is consequently declined.”
©Nkani Online 2024 #NewsOnDemand
This is immovable property which will go nowhere. If Esther Lungu’s appeal succeeds, she will get back the property. I do not understand why she did not called her husband to testify for her.
Where has the top-notch lawyer been when his family members have been struggling with these embarrassing court cases?
If he testifies then he will need to remove his immunity in cross examination. Lungu is thinking people will grant him the very exceptions he enjoyed when he was President and that he will protect them. The three judges and the cited reasons for their removal have shown that people will now have to do the right thing, and the right thing will protect their jobs when their decisions are brought into question.
These flats will be forfeited to the state. She is even lucky she is only losing property if anything she should also have been in prison.
Just the looks on her do not justify owning those properties. She surely must have used ungodly means to acquire them. Take them away!