WARRANT OF SEIZURE V. NOTICE OF RESTRICTION: WHAT DOES THE LAW SAY?

It has been argued that Bowman Lusambo was handed over back his was which was under seizure by the ACC.

What is Warrant of Seizure?

It empowers ACC to seize a property suspected of derived or acquired from corrupt practices, subject matter of an offence or is evidence relating to an offence.

it is contained through the court pursuant to Section 58 of the Anti Corruption Act No. 3. of 2012.

It is obtained by the ACC where and when in the course of its investigation into an offence, reasonably suspect a property was acquired from corrupt practices, subject of an offence or is evidence relating to an offence.

ACC seizes the above itemized property under the given reasons with a warrant and also prepare and sign a list of all movable and immovable property seized and the places in which the property is found.

A copy of the list of property is served to the owner of the property or the person from whom the property was seized within 30 days from date of Seizure.

Section 59 seizure is were effected by removing the movable from the custody or control of the person from whom it is seized and placing it under under the custody of such other person or authority and at such a place determined by the ACC.

Where it is not practical to effect the removal of the said property, ACC leaves them at the premise seized though under the custody of ACC with specific records detailing the circumstances of and the reasons for , the seizure of the property and subsequent leaving of the property at the premises.

So when the Warrant of Seizure is vacated, it means the above narration falls off and the owner takes charge of the property.

What is Notice of Restriction?

This is issued, in written, by the ACC Director General pursuant to Sectio n 60 of the Act to a person who is subject of an investigation of an offence or against whom a prosecution for an offence has been instituted.

It direct that person not to dispose of, deal with, any property specified in such notice without the consent of the ACC DG and is served on person concerned.

The Notice of Restriction have effect from the time of service and shall continue in force for a period of nine (9) months with possibilities of extension by additional six (6) months or until cancelled by the ACC, whichever is earlier.

Therefore, a person served with this notice of restriction disposes of or deals with, a property specified in the notice other than in accordance with the consent of the ACC commits an offence and liable on conviction to imprisonment for a term not exceeding five (5) years.

This notice of restriction, if not cancelled by ACC, is only challengeable in the High Court which court can confirm the directive, reverse or consent to the disposal of, or other dealing with, any property specified in the noticeā€¦

Therefore, Bowman Lusambo challenged the seizure and not the notice of restriction and what was vacated was the Warrant of Seizure and not the notice of restriction.

The House for lusambo is, in my view, still under the full force of the notice of restriction with its conditions.

I submit

McDonald Chipenzi.

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