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Sena Plus Investments Limited, a Chinese-owned company, has opposed the Director of Public Prosecutions (DPP), Gilbert Phiri, over the forfeiture of more than 2,000 logs and other assets allegedly linked to illegal harvesting.
The company argues that the state’s move is unlawful and should be dismissed.
At the center of the dispute is whether Non-Conviction Based (NCB) forfeiture of assets applies in this case.
Read more: DPP seeks forfeiture of 62 Mopane logs, truck from convicted Chinese national, associates
Wang Xuexin, the company’s director, claimed that the alleged offences do not qualify as “serious crimes” under the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
He contended that since the law only permits forfeiture for crimes classified as “serious,” the application was flawed.
According to Wang’s affidavit, the DPP seeks to seize 1,898 Mopane logs, 152 Mukwa logs, 19 Mupapa logs, and heavy machinery including forklifts, wood misers, trucks, and trailers.
The state also wants the company’s premises, Plot No. 185609 in Lusaka to be forfeited.
Wang, represented by Mosha & Company Advocates, argued that the Economic and Financial Crimes Division of the High Court lacked jurisdiction over the case.
He insisted that the alleged offense of illegal possession of forestry produce and mixing of marked and unmarked forest produce do not fall under “serious offences” as required by the Forfeiture of Proceeds of Crime Act.
He further pointed to a 2017 Supreme Court ruling in Competition and Consumer Protection Commission vs. Omina Fertilizer Zambia Ltd, which reaffirmed that a court without jurisdiction cannot issue lawful orders. Based on this precedent, Wang is asking the court to dismiss the DPP’s application with costs.
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