STATEMENT BY HON. MAKOZO CHIKOTE, MP, ACTING MINISTER OF INFORMATION AND MEDIA AND CHIEF GOVERNMENT SPOKESPERSON ON MEDIA REPORTS THAT SEIZURE OF PROPERTIES BELONGING TO THE FORMER FIRST FAMILY IS A WITCH-HUNT
Government wishes to express its disappointment with the Patriotic Front (PF) party for alleging that the confiscation and seizure of properties belonging to members of the former first family by law enforcement agencies is an abuse of authority.
Such claims not only demonstrate a lack of understanding of the situation but also serve to undermine government’s efforts to uphold justice and accountability.
Government, therefore, finds such claims baseless and politically motivated attempt to discredit its legitimate actions. It is essential to separate political bias from the pursuit of justice and allow the investigative process to unfold independently and impartially.
Further, the reasoning behind the assertion is extremely flawed and a deliberate ploy by the former ruling party to mislead the nation.
It is highly deceptive of the PF, through its Information and Publicity chairperson Raphael Nakachinda and his junior, Ambassador Emmanuel Mwamba, to assert that the confiscation and seizure of properties, believed to be proceeds of crime, was an abuse of authority.
The reasoning that the confiscation and seizure could only be effected after it was proved beyond all reasonable doubt that a crime had been committed in their acquisition is not supported by the applicable law, the Forfeiture of Proceeds of Crimes Act No. 19 of 2010.
Zambians may recall that the Supreme Court of Zambia, in the case of the People v Austin Chisangu Liato (2015), had an opportunity to address four fundamental questions pertaining to the Forfeiture of Proceeds of Crimes Act, namely:
- Whether a predicate offence had to first be established in order to secure a conviction of possession of property suspected of being proceeds of crime contrary to section 71(1);
- What ‘reasonable suspicion’ entails for purposes of proving the ingredients of the offence under section 71(1) of the Forfeiture of Proceeds of Crimes Act;
- What the requisite standard of proof is to prove the reasonable suspicion under section 71(1) of the Forfeiture of Proceeds of Crimes Act in order to secure a conviction; and
- Whether section 71(2) of the Forfeiture of Proceeds of Crimes Act shifts the burden to prove the offence under section 71(1) from the prosecution to the accused person.
Contrary to the misleading narrative by the PF, the Supreme Court held that: - To secure a conviction under section 71(1) of the Forfeiture of Proceeds of Crimes Act no predicate offence needs to be proved;
- ‘Reasonable Suspicion’ under section 71(1) of the Forfeiture of Proceeds of Crimes Act means a state of conjecture or surmise, where proof is lacking;
- Proof beyond reasonable doubt or reasonable suspicion was not contemplated or intended when section 71(1) of the Forfeiture of Proceeds of Crimes Act was formulated. The standard of proof is on a balance of probability; and
- Section 71 (2) does not impose any obligation on the accused person to prove any ingredient of the offence under section 71 (1), but it does afford the accused an opportunity to explain the absence of reasonable grounds for the suspicion that the property he was found in possession of under section 71 (1) were proceeds of crime.
Government, therefore, appeals to all well-meaning Zambians and cooperating partners to dismiss the assertions by the PF party. These assertions are aimed at garnering public sympathy.
The New Dawn Government firmly believes in the principles of transparency, accountability, and the rule of law. The government’s actions regarding those who plundered the country’s resources are a reflection of its commitment to upholding these principles and ensuring that no individual, regardless of their position, is above the law.
The clarity given by the Supreme Court, on the interpretation of section 71 of the Forfeiture of Proceeds of Crimes Act, gives us comfort as Government that the law enforcement agencies are acting within the confines of the law.
Law enforcement agencies are encouraged to investigate and prosecute individuals who they may reasonably suspect to be in receipt of, possess, conceal or dispose of any money or other property reasonably suspected to be proceeds of a crime.
The onus is on the affected individuals to prove that their properties are not proceeds of crime. That is the law that we inherited as the New Dawn administration.
In the interest of fostering a healthy democracy, we encourage all political parties to respect the legal processes and refrain from making baseless accusations that only serve to further polarise our society. Let us prioritise the pursuit of truth and justice, above political interests, for the betterment of our nation.
Hon. Makozo Chikote, MP
ACTING MINISTER OF INFORMATION AND MEDIA AND CHIEF GOVERNMENT SPOKESPERSON