EFCC NODS FORFEITURE OF KATANGA’S 10 HIGER BUSES, K1.5 MILLION TO THE STATE
DIRECTOR of Public Prosecutions Gilbert Phiri has been given clearance by the Economic and Financial Crimes Court to repossess Charity Katanga’s 10 Higer buses and millions of Kwacha which it declared tainted.
Lusaka chief reside magistrate Davies Chibwili has ordered that the former Deputy inspector General of police surrenders the property to the State in an order of forfeiture he granted to the National Prosecutions Authority on July 3, 2024.
The DPP asked the Court allow him seize the buses and wipe clean the K1.5 million in Katanga’s Chibeka Express account which was realized from the transportation business whose source is questionable.
On February 19 Katanga was jailed for three years simple imprisonment for failing to account for the wealth which she used to acquire the buses in question.
She was indicted for possessing property suspected to be proceeds of crime contrary to section 71(1) of the forfeiture of Proceeds of Crimes Act No. 19 of 2010 which attracts a sentence of five years.
According to an affidavit in support of notice of motion to have the illegal property forfeited to the State, sworn by Drug Enforcement Commission (DEC) chief investigations officer Emmanuel Mwanza, the State requested that the ten 10 Higer Buses with registration numbers BAF 5118 ZM, BAF 5119 ZM, BAG 8558 ZM, BAG 8559 ZM, BAG 8733 ZM, BAJ 2476 ZM, BAJ 2590 ZM, BAJ 2919 ZM, BAV 2931 ZM and BAL 9126 ZM valued at K26,282,770.00 which had been seized be forfeited.
“This applicant further seeks an order for the forfeiture of K 1,522,005.15 in Chibeka Express Limited Account Number 9130000699156 Stanbic Bank Ndola Main Branch which was generated by the Interested Person through operation of a transportation business using the 10 Higer buses that are a proceeds of crime, which therefore make the money in the said account equally a proceed of crime,” Mwanza submitted.
He made the application pursuant to Section 4 and 10 of the Forfeiture of Proceeds of Crime Act.
“Your Worship, we submit that the record will show that this Court has found as a matter of fact that the 10 buses are proceeds of crime and has convicted Katanga accordingly,” Mwanza said.
“We pray that this court holds that the 21, 330 United States Dollars and 875 Zambian Kwacha are tainted property and orders that the same be forfeited to the state and paid into the government’s Consolidated Fund held at the Central Bank.”
Ruling on the matter, magistrate Chibwili said it will be illogical to release the buses and cash to Katanga after having established that they were proceeds of crime.
“Katanga has gone at large in dissecting the particular provisions of the Act 19/2010 dealing with forfeiture but all that does not assist her case so long as the conviction was based or related to the property, the subject of the current application and in this case, it is the 10 Higer Buses which are in peril of the forfeiture order,” he said.
Magistrate Chibwili said Coming to the K1, 522, 005.15 in the Chibeka Express Ltd Account held at Stanbic Bank Ndola Main Branch, the deposited into the account was realized from the transport business whose business vehicles were the Higer Buses.
“There was no evidence that it received any other funds apart from those generated from running the buses. Some of it was reinvested in fixed deposit accounts and the yields were used to pay for other buses or their insurance. It all came down to the same thing.”
He said since the buses were found to have been illegally acquired whatever profits made out of the business is illegal and suffers the same fate as the buses.
“I find the funds in the account to be tainted property and together with the
10 Higer Buses named in the original indictment, I hereby order their forfeiture to the state in line with Section 10 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010 of the Laws of Zambia,” directed magistrate Chibwili.
By Mwaka Ndawa
Kalemba July 4, 2024.