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The State has argued that the matter seeking the forfeiture of assets worth K91.4 million belonging to former Zambia Air Force Commander Eric Chimese is not statute-barred and should not be dismissed.
Lillian Mubialelwa, Deputy Director of the Drug Enforcement Commission (DEC) under the Anti-Money Laundering Unit, made the argument.
Read more: Ex-Zambia Air Force commander files motion to block forfeiture of K91.4 million assets
Mubialelwa cited section 20(3)(a)(i) and (ii) of the Forfeiture of Proceeds of Crime Act No. 19 of 2019, which deals with rules determining benefit and assessing value on confiscation orders made after conviction.
She noted that this section did not provide a statute limitation for the commencement of forfeiture order applications under non-conviction-based forfeiture applications.
Mubialelwa also dismissed claims by James Chungu that the Ibex Hill property worth K46.6 million was owned by Chita Lodges Limited and not Lieutenant General Chimese.
She stated that evidence showed that Chita Lodges Limited had subdivided and sold the property, relinquishing any ownership claims.
The Director of Public Prosecutions is seeking the forfeiture to the State of Chimese’s properties suspected to be proceeds of crime.
Chimese, his wife Sharon Gray, and Chungu raised preliminary issues, requesting the Economic and Financial Crimes Court to dismiss the case, citing that the application was statute-barred having been filed five years after the fact.
They also alleged that there was no proper service of the proceedings.
In an affidavit in opposition, Mubialelwa argued that the interested parties were duly served with proceedings through their respective advocates.
She also asserted that James Chungu’s claim of Chita Lodges Limited’s ownership was unfounded and misleading.
Mubialelwa contended that the purported Power of Attorney was fatally flawed, bearing two contradictory signatures: one purporting to be on behalf of Chimese Hector Kaluba, the donor, on the front page, and another signature of the donor himself on the first page, dated January 31, 2024, in Lusaka.
“The copy of the purported Power of Attorney exhibit shows that Lt. Gen. Chimese, the purported Donee, irregularly signed the copy of the said Power of Attorney without the signature being authenticated by a Commissioner of Oaths,” she stated.
She added, “I observed that the attached two-page copies of the purported USA passport in the names of Chimese Hector Kaluba and his copy of the Zambian NRC were certified to be true copies of the originals on June 24, 2024, by Simon Mwila, legal practitioner.”
She contended that Kaluba Chimese failed to enter an appearance and exhibit proof of his claims to the proposed subdivision of property F/181/C/1 Mungwi Road, Lusaka West, despite having been in Zambia from January 19 to June 24, 2024.
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