Chiyeso loses application for retention of personal property and stay of forfeiture judgment
FORMER president Edgar Lungu’s daughter Chiyeso might not retain her status of landlady or receive chicken orders soon, as the Economic and Financial Crimes Court has declined to stay its judgment forfeiting her tainted properties on Chagwa drive in State lodge area to the State.
The court says there are no compelling reasons advanced by Chiyeso to persuade it into stopping the Director of Public Prosecutions from taking over the properties, and using them in manner the State wishes, within the confines of the law.
Chiyeso asked the Court to stay the execution of the judgement pending determination of her appeal against the confiscation of her two farms with a high-cost house, four chicken runs, and three flats worth K9, 375, 438.62 on Chagwa Drive in State lodge area.
She has challenged the forfeiture of her properties in the Court of Appeal arguing that the EFCC was wrong when it refused to consider her evidence that the properties were given to her by her father a former ‘top notch’ lawyer and former president.
Chiyeso who is also a lawyer protested the confiscation of her personal possessions together with her tainted properties, by the State and demanded the release of the same.
She said the acts by the State to lock up her electronic appliances and movable properties which were not ordered in the judgement of the Economic and Financial Crimes Court is beyond what the Court ordered for confiscation.
Emmanuel Khondowe, a Senior Investigations Officer of the Drug Enforcement Commission, under the Anti- Money Laundering Investigations Unit disputed the assertions by Chiyeso arguing that the State did not rush to her farms as alleged, as the forfeited properties were already under seizure and in control of the State even before the Judgment was rendered
He said on the day of taking over the Properties, Chiyeso’s husband was present and did not claim that there were personal chattels belonging to her.
Khondowe said Chiyeso disassociated herself from the containers and their contents by lying that they did not belong to her, but to her unnamed tenant.
He said her personal items were locked pursuant to the Judgment and the contents that are locked up in the three containers are still under investigations, as they are reasonably suspected to be proceeds of crime.
Khondowe added that there are no prospects of the appeal succeeding and that there are no personal chattels to be duly released by the Court.
Ruling on behalf of judges Ann Ononuju and Vincent Siloka, judge Ian Mabbolobbolo said,
Chiyeso’s application has no leg to stand on and is improperly before Court.
“Undoubtedly, the preserve to delve into the details of the merits or otherwise of the Appeal does not lie with ourselves. That notwithstanding, the authorities above enjoin us to preview or assess the prospects of the Appeal succeeding. In doing so we have perused our Judgement of 16th April, 2024, sought to be challenged in the context of the Grounds of Appeal,” he said
“In our considered view, the Grounds of Appeal do not reveal any special circumstances, let alone any realistic prospects of succeeding. We have not found “something more” that would bring this case within the exacting requirements set out in the various authorities for grant of a Stay of Execution of Judgment pending Appeal.”
Judge Mabbolobbolo said owing to the fact that no exceptional circumstances have been demonstrated or that it is desirable, necessary and just so to do, the order to stay the execution of Judgment pending appeal, cannot be granted to Chiyeso.
She was ordered to pay costs to the Director of Public Prosecutions, to be taxed in default of agreement.
Kalemba December 24, 2024
Pretty girl. Use the education you got to have an independent life. No one will come get your creditials even if money used to pay tuition was stolen. Keep your life low, find a decent man and start a family. Stay out of your father’s limelight. Have a life… otherwise you will just be inconvenienced for the wrongs someone else made. Apa pena epa kukanina na wiso.
@Chester….she is a married woman and if you bothered to read the article you would have adduced that…and I quote from the article…
“He said on the day of taking over the Properties, Chiyeso’s husband was present and did not claim that there were personal chattels belonging to her.
Khondowe said Chiyeso disassociated herself from the containers and their contents by lying that they did not belong to her, but to her unnamed tenant.
He said her personal items were locked pursuant to the Judgment and the contents that are locked up in the three containers are still under investigations, as they are reasonably suspected to be proceeds of crime.”
Honestly, even one is corrupt, do you ever have to involve children sure? Shame on ECL, he should not have involved the whole family in his dubious deals. Wife, sons, daughters and himself all of them with properties from proceeds of crime!!
What a mess? They will all to serve jail, how else are they going to come of the holes they dug themselves into.
All thieves now losing their properties. Yet they are not even in the country but have run away for fear of being arrested.
Fake Christianity does not produce honest leaders.
This is the Zambia we want to live in. This is the Zambia we wished for. Hard work has sweet fruits. Lock out all those that enriched themselves dubiously, while most of were working very hard themselves chose the criminal way.