Judges refuse to hear Esther Lungu’s witnesses!

The court refused the application for Esther Lungu to bring her witnesses stating thatJudges would (strangely) only rely on affidavit evidence alone!

Lusaka, May 22 – The Economic and Financial Crimes Court on Monday, 21st May 2024, refused to hear witnesses submitted and subpoenad by former First Lady, Mama Esther Lungu’s lawyers.

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This is in a matter where the Director of Public Prosecutions (DPP) , Gilbert Phiri, has applied for forfeiture of properties; 9334/1, 9334/ 1, 9334/2, 9334/3 AND 9334/4 containing 15 double storey flats located in State Lodge.

Former First Lady, Mama Esther Nyawa Tembo Lungu, has opposed the application stating that the properties were not proceeds of crime as alleged by the DPP.

The matter is before High Court Justices; Hon. Pixie K. Yangailo, Hon. Ian Mwanajiti Mabbolobbolo and Hon. Vincent Sililo Siloka.

Lawyers for Mrs. Esther Lungu, Jonas Zimba of Makebi Zulu Advocates and Mrs. Dessislava Findlay of D. Findlay and Associates, applied that officials from the Ministry of Works and Supply and Ministry of Infrastructure were required to lay test and verify the evidence related to the properties, the subject before the Court.

The lawyers applied that it was important that evidence was corroborated and tested.

However, the court refused the application for Mrs. Lungu to bring her witnesses stating that Judges would (strangely) only rely on affidavit evidence alone.

In the earlier hearing, the DPP was allowed to bring to court witnesses from the Bank and others to support his claim of forfeiture of the property.

The proceedings are based on what is called Non-Conviction Based (NCB) forfeiture of assets.

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Distinct from a forfeiture order, a non-conviction-based forfeiture of an asset occurs when a court confiscates assets of suspected criminal nature, even where no conviction has been obtained in relation to criminal conduct.

These action are premised on Foreceiture of Proceeds of Crime Act of 2010, where stakehokders and human rights advocates have condemned the provisions in the Act as they violate the constitutional rights to; innocence, due process and the right to property.

In 2022, Chief Justice Mumba Malila issued a gazette notice Statutory Number no. 5 of 2022 and stated that he had created the Economic and Financial Crimes Court as a division of the Court.

The Chief Justice stated that he had responded to President Hakainde Hichilema who pronounced that his government would create such a court.

In addition to the jurisdiction of the Court under Article 134 of the Constitution, the Economic and Financial Crimes Court will hear and determine matters relating to economic and financial crimes and corruption.

The matter involving Mrs. Lungu has been adjourned to a later date for judgment.

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