EFCC REFUSES TO THROW OUT DALITSO LUNGU’S FORFEITURE CASE
THE Economic and Financial Crimes Court has refused to grant the prayer by former president Edgar Lungu’s son Dalitso to have the State’s motion for the forfeiture of his ‘tainted’ properties dismissed.
Dalitso and his company Saloid Traders Limited asked the Court to set aside originating process for irregularity and to remove certain paragraphs in the Sate’s affidavit supporting the motion for not complying with with mandatory Rules of the Court in preparing affidavits.
The interested parties through its lawyer Isaac Simbeye argued that the affidavit filed by Pardon Liuma in support of the originating process be expunged for violating mandatory requirements for preparing affidavits as it did not disclose particulars of the informant.
In reply, Liuma who is the dealing officer argued that the purported violations do not go to the substance of the affidavit in support of the originating process but merely to form only and no prejudice has been occasioned or will be occasioned on the Interested Parties.
He said insistence on the adherence to the prescribed format is an obstruction to delay and attempt to defeat the ends of justice by shifting attention and efforts away from the main application on merits.
However another lawyer for the interested parties Charles Changano argued that an
omission in as much as it may be deemed a minor technicality is so grave and would affect the rights of the Interested Parties to own property.
“Rules of evidence exist to ensure that the Interested Parties have a fair trial,”Changano said.
Ruling on the matter, Judges Pixie Yangailo, Ann Ononuju and Mwanajiti Mabbolobbolo said that the affidavit lacks information which is important to the interested parties that can assist them form a defense to the allegations.
The court directed the State to correct the offending paragraphs which it will receive upon complying with the Rules.
“In light of the foregoing, the interested parties’ originating notice of motion to set aside originating process for irregularity and to
expunge paragraphs of the State’s affidavit for non-compliance with mandatory Rules of the Court is declined,” said judge Yangailo.
She said there’s no prejudice that the Interested Parties will suffer by not setting aside the originating process and expunging the said paragraphs, when an order for costs can atone for the inconvenience the interested parties may suffer.
“We wish to state here that we are dismayed and shocked by the cavalier and dismissive attitude of the applicant in both its written
and oral submissions with regards to their non-compliance with mandatory Court Rules,” judge Yangailo said.
“Failure of legal practitioners and prosecutorial organs of Government to strictly enforce and adhere to the mandatory rules undermines the legitimacy of the justice system itself and will not be tolerated by this Court,”said judge Yangailo.
“The applicant herein is granted leave to amend and rectify its affidavit in support of the originating notice of motion and have the
same re-sworn and filed within fourteen (14) days from the date of this Ruling failure to which the Court will make the necessary Order.”
She further condemned Dalitso and his company to costs which will be taxed in default of agreement and granted him leave to appeal the decision.
In this matter that State wants to have 69 vehicles worth over K24 million and 25 pieces of land dotted across the country in Kanakantapa of Chongwe district, Chibombo, Chisamba, Solwezi, Masaiti in Ndola district, Chilanga, Petauke and Nakonde belonging to Dalitso confiscated.
Kalemba