Esther, Tasila join forces to fight for confiscated tainted property

Esther, Tasila join forces to fight for confiscated tainted property

QUEEN of pleas Esther Lungu and daughter Tasila have appealed to the Court of Appeal to intervene in the confiscation of their tainted properties by the Economic and Financial Crimes Court.

The duo has filed grounds of appeal in the Court of Appeal challenging the forfeiture of their properties 15 flats in State lodge area and Chimutengo forest farm in Sinda District of Eastern province.

They claim that the Court was biased in determining their cases, as it only considered the evidence of the State and ignored their explanations that the properties given to them by the head of their family, Edgar Lungu were not acquired using illegal means.

In her grounds of appeal, Esther says the Economic and Financial Crimes Court erred in law and in fact by holding that the State had succeeded in proving in accordance with the requisite standard of proof that the 15 semi-luxurious flats are tainted by relying on the difference between her income and the cost of development of the subject properties.

She says she had produced enough evidence to demonstrate the factual basis of the State’s suspicion that the properties are reasonably suspected to be proceeds of crime.

“The Court below erred in law and in fact in departing from the principles of stare decisis in failing to follow the recent decision by the Court of Appeal in the matter of Sydney Mwansa Vs Director of Public Prosecutions, Appeal No. 276 of 2021 where the Court set out that for an application of a non-conviction based forfeiture there is need to clearly identify the offence; to establish on a balance of probability a connection between the offence alleged to have been committed and the property; and to provide evidence on a balance of probability connecting any proceeds of crime being used to procure the subject property,” she said

She argued that the EFCC erred in law and in fact when it held that the market value of the flats is K66,100,000 ; and that the cost of development as at November 2022 was K41,586,110;

She said the Court failed to take into account that she had explained that the properties were constructed by her husband Edgar Lungu, who is the former president but it focused on her financial muscle in determining that the properties are tainted.

Esther stated that the EFCC erred in law and in fact in placing the evidential burden on her contrary to the provisions of the Forfeiture of Proceeds of Crime Act.

She said the lower Court erred in law and in fact in evaluating the evidence in an unbalanced manner by favoring the State.

“ The Court erred in law and in fact in failing to consider the provisions of Section 20 of the Forfeiture of Proceeds of Crime Act,” said Esther.

“The Court below erred in law and in fact in forfeiting the Subject Properties to the State and condemning the appellant to costs.”

Her daughter Tasila argued that the court erred in law and fact by concluding that she did not have the financial capacity to acquire part of Chimutengo forest without establishing a serious offense.

She says there was no evidence to prove that the property was tainted or used or connected to the commission of a serious offence.

“The Court below erred in law and in fact in concluding that the property was tainted
property and acquired through the proceeds of the serious offence of tax evasion or falsifying tax returns when this was not pleaded, nor was there any evidence to substantiate the said conclusions, speculations and assumptions made by the Court that there was sufficient proof that a serious offence was committed,”Tasila said.

She said the court erred when it ruled that the property was proceeds of crime because she did not give an explanation of how she acquired it.

Tasila said the court erred in law and fact by failing to adress the issue that investigations were motivated by her political, tribal and family connections because they were only initiated subsequent to the change of Government.

“The Court erred in law and in fact in holding that the State had proved on a balance of probability that the property was proceeds of crime and in concluding that the appellant knew at the time of acquiring the property that the property was tainted which was a conclusion not supported by evidence on record,”said Tasila.

“The court erred in condemning her to costs.”..https://kalemba.news/local/2024/11/28/esther-tasila-join-forces-to-fight-for-confiscated-tainted-property/

By Mwaka Ndawa

Kalemba November 28, 2024.