SEIZURE OF ASSETS
By Dickson Jere
Once suspected that the property was bought or is the proceeds of crime, the law enforcement agencies move in quickly and seize the assets. The property is to be used as “exhibit” in court during trial. Or sometimes the property seized pending investigations.
In the past, law enforcement agencies have seized cars, houses, boats, cold rooms, houses and all. The movable assets are taken to the law enforcement agencies (ku yard) or indeed placed in designated places. Immovable assets such as houses are merely restricted – the owner cannot transact on the same – without permission from the law enforcement agencies. Sometimes they are evicted and the state takes over but without maintenance!
But here is the thing.
Trial of these cases take too long to conclude. This means the assets will be wasting everyday especially property such as vehicles. By the time the case is over, the parked vehicle is completely finished. They park them in the sun without any constant maintenance or checking on the engines. At police stations, parts are slowly removed (stolen) and vehicles found themselves on bricks with tyres missing.
I think Parliament should amend the law and allow the law enforcement agencies with the consent of the purported owner to dispose off the assets while waiting for the case. A valuation should be done at that point and money realized put in escrow until the case is determined. Just look at how the MMD vehicles that were seized in post-2011 elections? They were vandalized and five years later the state entered into consent judgement with the MMD to release the vehicles. But the vehicles were gone! They were all desecrated!
I also know of a friend who had his luxury S600 brand new Mercedes Benz seized in 2002 following the 2001 elections. His case was disposed off few months ago but the vehicle is gone! A growing tree even penetrated it and came out of the open roof. It can’t be moved…he has taken on the state for compensation.
What about the seizure of houses and other properties? Wouldn’t it make sense for the state to agree that the said properties should be managed and rentals – if any – put in escrow while waiting for the case to finish? Remember how the cold-rooms of Chani Fisheries in Luapula were destroyed? Workers lost jobs…
I have handed similar matter where the law enforcement agencies have come back after 10 years saying that they had found nothing against my client and that the goods should be collected. After 10 years? Destroyed? What about compensation for wrongful seizure?
Parliament should seriously consider taking up this issue. Government will be losing cases in damages when such could have been avoided by agreeing on the value of the property at the point of seizure. My ten cents!