Businessman, Kasanda’s petition against Drug Enforcement Commission over property seizure thrown out

The Economic and Financial Crimes Court (EFCC) has dismissed Lusaka businessman Sedrick Kasanda’s petition challenging the Drug Enforcement Commission’s (DEC) seizure of his Ibex Hill property, ruling that the agency acted lawfully.

Kasanda had argued that DEC’s actions violated his constitutional rights and sought a declaration that the search and seizure of Plot No. 19, Main Street, Ibex Hill, were null and void. He also demanded damages for emotional distress.

However, a panel of judges—Ann Ononuju, Ian Mabbolobbolo, and Vincent Siloka—found that DEC had followed legal procedures, securing valid search and seizure warrants from its Director General under Section 52 of the Narcotic Drugs and Psychotropic Substances Act.

“We have established that DEC officers acted within the law, with valid warrants permitting them to search and seize the property in question,” the judges stated.

The court further dismissed Kasanda’s claims of trespass and unlawful seizure, affirming that the Constitution allows property seizures during investigations and that his right to a fair trial had not been violated.

“The respondent’s actions cannot be deemed unlawful at this stage as they were conducted for investigative purposes, and there was no blatant disregard for procedural or constitutional requirements,” the ruling read.

Kasanda’s claim for damages was also rejected, with the court stating that neither he nor the property’s occupants had proven any harm resulting from DEC’s actions.

With the petition dismissed in its entirety, the court awarded costs to the Attorney General.

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