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Once-upon-feared PF party cadre, Francis Muchemwa, commonly known as Commander Two, may lose his K13 million worth of seized properties following an application by the Anti-Corruption Commission (ACC) for a Non-Conviction Based forefeiture order filed at the Economic and Financial Crimes Court.
The anti-graft agency alleged that Muchemwa was on the ZESCO payroll as an employee and that between June 1, 2015 and August 1, 2021, he obtained in total salaries amounting to K483,761.
It also claimed that the suspect received allowances for trips undertaken out of Lusaka and that the total sum of money earned between June 1 ,2015 and August 1, 2021 was K141,400.
In an affidavit in support of originating notice of motion for an application for NCB forfeiture order of tainted property, ACC investigations officer, Claudia Chimfwembe Chibiliti, submitted to court that the movable and immovable properties acquired between July 2020 and December 2021 be forfeited to the State as they are tainted.
The seized properties which are a subject of forefeiture are his K2.5 million dwelling house known as property no. L/26392/M, no.L/28477/M/H and L/28477/M/J both worth K3.4 million and L/26395/M worth K4.5 million. The said properties are located in Silverest, Chongwe district.
ACC also wants the movable properties that where found at property L/26395/M valued at K461,664 given to the State.
In addition, the Commission submitted that the two vehicles, FAW Truck Registration number BAR 9059ZM and BAR 9058ZM valued at $62,000 each be forfeited to the State.
Chibiliti stated that investigations were instituted after ACC received an anonymous complaint alleging possession of property reasonably suspected of being proceeds of crime on August 20,2020.
Muchemwa, his companies namely Altitude Properties Limited, Friltech Networks Zambia Limited and Massbreeds Investments Zambia Limited were cited as first to fourth interested parties respectively.
“That in the course of the investigations, I established that the interested party has shares in the second and third interested parties’ with his spouse Totiwe Tembo and brother Mwila Muchemwa respectively.
“That with regard the nexus between the first and second parties,I established that the first interested party is a director and majority shareholder in the second interested party holding 75 percent of shares in the said company,” she stated.
Chibiliti added that during the course of investigations, it was established that the entertainment joint, Frill Pub and Grill, between 2016 and 2020, made total sales of K3,428,162, and total expenses in the sum of K786,104 and that the total profit was K2,642,058.5.
“That between January 1,2015 to August 2021, the second and third interested parties filed no tax returns nor did they declare any income with Zambia Revenue Authority,”
“That with respect to the business name and style “The Frill and Grill’, I discovered that the 1st interested party, had registered for turnover tax but that he is not compliant and in, some cases, he filed nil returns thereby accruing penalties to the tune of K424,140,” she submitted.
Chibiliti submitted that the value of total assets possessed were K13,169,735, value of legitimate source was in the tune of K4,934,912 while the suspected proceeds of crime were in the sum of K7,234,824.
She contended that the disparity between the interested parties’ assets and income realized from their legitimate known source, was proof that the properties were obtained through proceeds of crime.
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