EFCC denies Tasila leave to appeal against forfeiture of Sinda farm
THE Economic and Financial Crimes Court says former president Edgar Lungu’s daughter, Tasila has meagre chances to challenge its order that her Chimutengo Forest farm in Sinda district be repossessed by the State.
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It says chances of the Chawama member of parliament getting back her farm on appeal are dim.
In this case, Director of Public Prosecutions, Gilbert Phiri moved a motion for the forfeiture Tasila’s farm no. F/2278 in Sinda district which has fish ponds constructed at K13, 950, 378.83, which was way beyond her legal income.
On September 16, the Economic and Financial Crimes Court ordered for the forfeiture of farm no.F/2278, which is a portion of Chimutemgo Forest reserve in Sinda District of Eastern province.
The Court said Tasila who is Chawama member of parliament did not produce a money trail to prove that the farm was purchased for her by her father who is a former president.
High Court judges; Susan Wanjelani, Pixie Yangailo and Vincent Siloka said Tasila had no viable businesses prior to becoming a councilor, and the K154,200 which she earned between June 11, 2015 and August 31,2021 was meagre to purchase and develop the farm.
The court said Tasila also engaged in business illegally since she did not produce documentation that she filed tax returns, which constitutes a crime.
Her husband Patrick Mwansa who was given power of attorney by the law maker to file documents on her behalf applied for leave to appeal to the Court of Appeal against the forfeiture of the farm.
He said he’s wife is maternity leave outside the country, attending to their newly born baby who has a medical condition and has not been cleared for international travel back to Zambia; and she is unable to attend to execution and notarization of the Court documents.
Mwansa said his wife has a constitutional right to appeal a decision of the High Court and should ordinarily be granted leave to appeal, particularly where it is evident that the appeal is not frivolous, nor intended to waste the Court’s valuable time but raises serious questions that ought to be determined on Appeal.
“The interested party ought to be given every opportunity to appeal the judgment so that issues that are raised and determined by this Court which Tasila seeks to challenge are pronounced on by the Court of Appeal for finality and Judicial certainty on the subject matter and issues raised in the intended appeal,”Mwansa said.
He prayed that the application for leave to appeal be allowed because his wife’s appeal raises a point of law of public importance.
Ruling on the matter judge Yangailo on behalf of others said the prospect of success of the intended appeal is a compelling ground on which an appeal can be granted, but the intended grounds of a advanced by Tasila reveal that it has no prospects of success.
“As guided by the Supreme Court in the case of Bidvest Food Zambia Limited and Others Vs CAA Export Limited and Others), which cited with approval the holding in the case of Kekelwa Samuel Kangwa and Meamui George Kangwa) that for a point of law to be of public importance it must have a public or general character, rather than one that merely affects the private rights or interest of the Parties to a particular dispute,” she said.
“In view of the above guidance, it is our considered view that though matters to do with non-conviction forfeiture are novel, the said matters do not fall in the realm of public importance because they merely affect private rights.”
Judge Wanjelani ruled that there is no basis for the court to grant leave to ppeal to the Court of Appeal because there are no prospects of the appeal succeeding and no other compelling reasons to do so.
“We find that the interested party has not advanced compelling grounds or special circumstances to warrant this Court to exercise its discretion to grant leave to appeal to the Court of Appeal. Leave to Appeal is therefore denied,”said judge Wanjelani.
By Mwaka Ndawa
Kalemba November 12, 2024
EFCC denies Tasila leave to appeal against forfeiture of Sinda farm
