Court dismisses DPP’s bid to forfeit ex-ZAF commander’s K91 million properties

The Director of Public Prosecutions (DPP) has suffered a legal setback after the Economic and Financial Crimes Court dismissed an application to forfeit properties worth K91 million, suspected to be proceeds of crime, belonging to former Zambia Air Force (ZAF) Commander, Eric Chimese.

A panel of High Court judges — Pixie Yangailo, Anna Malata-Ononuju, and Vincent Siloka — ruled that the application was procedurally flawed due to the DPP’s failure to adhere to court directives.

The case stemmed from a court ruling on November 15, 2024, which directed the DPP to notify all interested parties, including Chimese, James Chungu (Director of Chita Lodges Limited), Sharon Gray Chimese, and Hector Kaluba Chimese, within 14 days.

Additionally, a notice of the application was to be published in the Government Gazette or a widely circulated newspaper.

Read more: Company challenges DPP’s move to have over 2000 logs of timber, other assets forfeited to govt

However, the DPP missed the deadline and served the notices late without seeking a court extension.

The notice was also published in the Zambia Daily Mail as a “Notice of Hearing” rather than a “Notice of Application,” contrary to the court’s directive.

In response, Chimese and the other interested parties filed a motion to dismiss the case, arguing that the DPP’s procedural lapses had compromised their ability to respond effectively.

They claimed the irregularities had prejudiced their rights to a fair hearing.

The DPP, represented by Deputy Director Lilian Mubialelwa of the Drug Enforcement Commission (DEC), argued that although the notices were delayed, publishing in a national newspaper met the court’s requirements.

However, the judges found that this did not constitute full compliance and noted a pattern of procedural missteps by the prosecution.

They ruled that the DPP’s failure to adhere to the Forfeiture of Proceeds of Crime Act compromised the integrity of the proceedings.

As a result, the court dismissed the application, awarding costs to Chimese and the other interested parties.

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