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The Economic and Financial Crimes Court has ruled that it will proceed to render judgement on April 19, 2024, in the matter the Director of Public Prosecutions, Gilbert Phiri, wants Tasila Lungu ‘s Sinda farm forefeited to the State.
In a ruling delivered by Justice Vincent Siloka, the court dismissed preliminary Issues raised by Tasila, daughter of former President Edgar Lungu.
Among the issues which she raised was whether the DPP can sue or be sued and that since he had no legal capacity to sue, the Economic and Financial Crimes Court had no jurisdiction to hear the forefeiture proceedings.
But the court held the view that in accordance with article 180(1) of the constitution, the DPP had powers to institute and undertake criminal proceedings
Judge Siloka said the matter was properly commenced as the DPP in Section 29 of the Forfeiture of Proceeds Crime Act is empowered to commence criminal/civil proceedings in matters relating to financial and economic crimes.
The Court also stated that pursuant to Article 180 (1) of the Constitution and Section 82 of the Criminal Procedure Code, the DPP would delegate his powers to State Advocates or any Prosecutor to exercise his powers.
“In conclusion we find that all the preliminary issues raised are bereft of any merit and are dismissed. Consequently and following our directive at the last hearing that if we dismiss the preliminary issue, we shall proceed to render Judgment based on the record before us as the substantive matter is unopposed,” he said.
The property in question is in Sinda district of Eastern Province and said to be valued at K8 million, suspected to have been acquired through proceeds of crime.
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