EFCC refuses to vacate its order for forfeiture of Muchemwa’s properties
THE ECONOMIC and Financial Crimes Court has maintained that Francis Muchemwa’s properties will be forfeited to the State and be disposed of in a manner the State wishes.
Lusaka Chief resident magistrate Davies Chibwili said suspending the forfeiture order will serve no purpose when the properties are still in the hands of the State.
Following Muchemwa’s conviction two weeks ago, his lawyer Nathan Muyembe asked the Court to suspend its order permitting the Anti-Corruption Commission to permanently seize house house, apartments, land with incomplete flats and two Faw trucks.
Muyembe made the application, pursuant to Section 331(b) of the Criminal Procedure Code (CPC) pending determination of the appeal against the conviction in the High
Court.
But ACC senior prosecutor Daniel Ngwira opposed the application on reasons that Section 331 (b) of the CPC relates to restoration of property to rightful owners at the conclusion of the case and cannot be used to suspend a forfeiture order already made by the court.
He said asking the Court to suspend its ruling of July 29, 2024 for forfeiture, the Interested parties are essentially asking the court to review its own order.
Ngwira argued that the Subordinate Court has no powers to make revisory orders over its judgments.
In his ruling yesterday magistrate Chibwili said the forfeiture order can only be suspended when his judgment is overturned by a superior Court.
“The property in question has been under the custody of the state from the time when the convicts were arrested. The question I ask myself is what would be the point of suspending the order if the property will still be in the custody of the state?,”
“This is a conviction based on the forfeiture. Unless the conviction is impugned, the order will follow. The applicant’s application is therefore declined as it will not serve any purpose. The earlier order still stands,”said magistrate Chibwili.
The ferocious Muchemwa who was second in command at intercity bus terminus during the PF regime, was on July 26, 2024 sentenced to three years imprisonment with hard labor by the EFCC for possessing a luxurious house, apartments, land with incomplete flats, and two Faw trucks worth over K12 million which were way beyond his legitimate source of income.
He was also fined K141,000 for obtaining pecuniary advantages by false pretenses when he drew the said amount from ZESCO as subsistence allowances for the trips he undertook yet he never filed an imprest retirement report.
By Mwaka Ndawa
Kalemba August 8, 2024.
