REVERSE ACC RESTRICTION ON MY PROPERTY -CHITOTELA
ACC challenges Chitotela’s legal suit over his seized Chongwe farm
By Mwaka Ndawa
THE Anti-Corruption Commission (ACC) says it has the authority to evaluate any property alleged or suspected to have been acquired using illegal gains.
The Commission says it has no obligation to disclose about ongoing investigations to any suspect owing to the nature of criminal investigations and the need to preserve the status quo.
This is in a matter where Pambashe PF member of parliament Ronald Chitotela has sued the ACC in the Lusaka High Court for keeping his property in Chongwe under its control on the premise that it might have been corruptly acquired and the Commission wants to estimate its value.
Chitotela explained that the farm was not purchased using proceeds of crime.
He is seeking an order that the restriction notice issued to him by the ACC dated March 22, 2022 pursuant to section 60(1) of the ACC Act No. 3 of 2012 in respect of Stand No. CHONG/LN_21188/51, State Lodge in Chongwe be reversed.
He wants an order that the property valuation exercise intended to be carried out by the Commission be declared illegal and must be stopped.
In an affidavit in support of originating summons, the former minister of tourism said on March 22, 2022, he was served a restriction notice by the ACC through his lawyers, Messrs Andrew and Partners legal practitioners.
Chitotela said the notice indicated that there were investigations being conducted over corruption offences alleged or suspected to have been committed by him.
“The said notice directed that I should not dispose of or otherwise deal with Stand No. CHONG/LN_21188/51, State Lodge, Chongwe. I have interest in respect of the property that the said notice directed that I should not dispose of,” Chitotela said. “The property is not derived or acquired from any corrupt practices whatsoever. Prior to the service of the restriction notice issued to me, I have never at any time whatsoever had occasion to be interviewed on any specific issues regarding corrupt practices or any corruption offences, neither have I on any occasion been interviewed as to whether I have acquired of the said stand, through any corrupt practices.”
Chitotela said on March 28, 2022 he wrote to the ACC, through his advocates expressing his concern over the restriction notice and demanded a waiver on the restriction but the Commission informed him of its intention to conduct a property evaluation exercise at his premises.
In an affidavit in opposition to originating summons, ACC investigations officer Gift Tembo said Chitotela had been investigated before and was currently undergoing investigations for offences alleged to have been committed under the ACC Act No. 3 of 2012.
“The applicant has been under investigation since 2017 and the restricted property was discovered by the ACC during the said investigations which revealed that the applicant had acquired the restricted property from the registered owner who confirmed in his statement after he was interviewed by the respondent,” Tembo said. “The restriction notice was not erroneously issued as it was issued in accordance with the law and did in fact put the applicant on notice that the respondent was conducting investigations into alleged or suspected offences to have been committed under part 3 of the ACC Act No. 3 of 2012.”
Tembo contended that the Commission would be prejudiced if the restriction notice was discharged as the property under investigation was at risk of being disposed of pending the determination of the investigations.
“It will be in the interest of justice for this court to dismiss the applicant’s application as the same will prejudice the respondent’s criminal investigations while the applicant will not be prejudiced in any way,” submitted the ACC.