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The Economic and Financial Crimes Court has set aside the out of court settlement entered into by former Cabinet Minister, Ronald Chitotela, with the Anti -Corruption Commission (ACC) in which he was granted immunity from criminal prosecution on charges of corruption.
The three-member panel of High Court judges; Susan Wanjelani, Anne Malata- Ononuju and Mwananjiti Mabbolobbolo adjucated that there was no valid out of court settlement to set aside as the said settlement agreement was illegal.
“In casu, the respondent (Chitotela) made a representation that that the subject property was part of his alleged corrupt proceeds and it resulted into the applicant making the undertaking not to institute criminal proceedings against him. This renders the settlement agreement voidable, as the applicant herein seeks to repudiate it and for the court to set it aside,” said the court.
Chitotela, a minister in the Patriotic Front (PF) government, was on May 4, last year charged with two counts of being in possession of property reasonably suspected of being proceeds of crime contrary to section 71 (1) of the forfeiture of the crimes Act no.19 of 2010 of the laws of Zambia.
This is in relation to the property known as subdivision of Lot no.3270/M Ibex hill, Lusaka, whose title deeds were in the names of Chitotela’s wife, Lillian Lufupa.
In the supporting affidavit of the application to set aside the said agreement, ACC acting chief legal and prosecutions officer, Martin Mayembe, told the Court that before the respondent could take plea before the Lusaka Magistrate Court, Chitotela’s lawyers raised a Preliminary Issue that there was a subsisting settlement agreement on which ACC undertook not to prosecute him on the same charges.
Mayembe added that the ex-minister had paid US$10,0000 as reimbursement of the expenses incurred in the investigation of the matter.
Lusaka Principal Resident Magistrate Jennifer Bwalya, in her capacity then said that the immunity granted to Chitotela by the anti-graft agency to stop him from prosecution was still in force and proceeding with the matter would be subjecting him to double punishment.
Mayembe, however, said that in a letter dated September 20, 2019, Chitotela’s wife, requested to be given back the said property surrendered to ACC claiming that she had acquired the property through legitimate sources.
He said Lufupa further claimed that she made the substantial developments on the property out savings arising from her employment and the property bore sentimental value to her.
Mayembe submitted that it was on that basis that ACC was seeking an order to have the purported settlement agreement set aside on the ground, among others, of misrepresentation and concealment of material facts by the former minister.
It further added that the respondent neither made the full and true disclosed of all material facts relating to corrupt conduct nor disclosed any illegal activity by himself or others.
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