Esther Lungu loses appeal to stop State from taking over K66 million flats
THE Court of Appeal has ruled that forfeiture proceedings against former First Lady Esther Lungu relating to the K66 million worth luxurious flats were properly commenced before the Economic and Financial Crimes Division (EFCC) of the High Court.
The judgment delivered on Thursday addressed preliminary issues raised in Lungu’s appeal, dismissing four of her five grounds and upholding one on merit.
The second ground of appeal, which contended that proceedings were improperly commenced by originating notice of motion, was dismissed.
The court stated, “We actually did find that forfeiture proceedings, similar to the one at hand, were properly commenced by originating summons. We still stand by that position. Further, there is no need to prove that the property is tainted before an application is made under Section 29 of the Forfeiture of Proceeds of Crime Act. That fact should be proved by evidence during those proceedings.”
The third ground partially succeeded, leading to the expungement of certain bank statements used as evidence.
The court noted that the state had presented bank documents, including Lungu’s ZANACO account number and Ester Lungu Foundation Trust accounts at FNB, without testimony from a bank official, violating Section 5 of the Evidence (Bankers Book) Act.
“No bank official gave evidence to prove these documents as original and correct,” the judgment stated.
Other objections regarding affidavits and exhibits were rejected.
Orders 38 and 39 of the Rules of Supreme Court were deemed inapplicable, and statements by officials were allowed under Order 5 Rule 18 of the High Court Rules.
The ruling was delivered by a panel of judges, Chalwe Mchenga, Petronella Ngulube, and Yvonne Chembe, who concluded that only the third ground had merit, ordering the expungement of the specified exhibits.
All other grounds, including claims of being denied the right to be heard and constitutional references, were dismissed.
The court will now proceed to hear the main appeal application against the forfeited properties .
Kalemba, October 24, 2025
I cannot understand why the state got it wrong on bank statements. Those documents were in the custody of Zanaco and the state would not have got hold of them if the bank had not cooperated. Why didn’t the state summon as a witness an officer from Zanaco? This mistake was too basic and only a trainee lawyer at ZIALE would be excused for getting it wrong. I, however, welcome the Court of Appeal’s judgement. I strongly encourage Esther Lungu to appeal to the Supreme Court so that the apex court can pronounce itself on this landmark case.
Once a thief always a thief.
How did criminal Esther get K66m?
Only source of those funds was to rape Zambia by her chikala husband
Time for jail
Gunner thief supporting fellow thief
After all lungu and co are not Zambian
Why is Esther doing mingalato when knows very well that those flats are stolen property
Why did she not buy them before his main became president. Esther marketeer is a thief
I understand what you’re trying to say. The state should have established during investigation who the contractor and other professionals were in the development of the flats. I mean here architects, supervising engineers and how they were being paid and who engaged them to do the works. Were there any contracts that were signed? Were they being paid through bank-to-bank transfers or suitcases of cash? These contractors and supervising engineers would hv been credible state witnesses in tying up this case. It seems this was not done.
Amwaaaapeeeeelllliiiiing to the Supreme Court! Those flats were bought with my husband’s illegal funds so they illegally belong to me.
Our country has turned upside down today thieves are very proud of stealing and have completely no shame. Where’s is our country heading to? I totally agree with @Tasila why couldn’t she afford purchasing those properties before her looter husband became the president? We need to stop people going into politics for selfish reasons. Let the offenders face the music
That’s a serious matter that should concern all of us. Stealing in public life has been sanitized by some corrupt clergymen in various Christian denominations. In fact the Zambian state is being charitable with Esther Lungu. As investigatory agencies both the ACC and DEC are not yet up to scratch. That’s why the ACC cut an unsatisfactory deal with Faith Musonda during the days of Rose Khuzwayo as Acting Director-General.
Such issues are the ones making Esther Lungu and family fear coming back home. Actually if they buried in south Africa these people would have scattered away fearing prosecution. So the government should ensure that Edgar ‘ s body should come. home with this crooked family and subsequently face their cases. Justice must prevail.