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The Economic and Financial Crimes Court (EFCC) has ordered the forfeiture of Simonga Farm, a K29 million property belonging to former Defence Permanent Secretary Stardy Mwale, to the state.
The ruling followed a non-conviction-based forfeiture application by the Anti-Corruption Commission (ACC), which targeted multiple parties connected to the farm.
Mwale and five interested parties—Michael William Arnold, Susan Carolyn Arnold, Simonga Farm Limited, Stardy Mwale Group, and Trends Stationers and Business Machines—were involved in the proceedings, which were overseen by Justices Susan Wanjelani, Ian Mabbobolobolo, and Vincent Siloka.
The application, filed under the Forfeiture of Proceeds of Crime Act and the Anti-Corruption Commission Act, presented extensive evidence of financial irregularities.
Investigations, launched in 2019, revealed that Mwale purchased the Mazabuka-based farm in Southern Province for USD 2.5 million, involving payments via both cash and bank transfers to the Arnolds, owners of Simonga Farm Limited.
Documents show that on August 11, 2018, Mwale agreed to buy Farm 132a, a subsidiary of Simonga Farm, for ZMW 3 million.
The sale contract was signed by the Arnolds and Mwale on behalf of Stardy Mwale Group and Trends Stationers, although no registration for the Stardy Mwale Group was found at the Patents and Companies Registration Agency (PACRA).
Further investigations raised concerns over discrepancies in the contract, title deeds, and land records.
The title indicated the farm’s area exceeded 1,227 hectares, but the contract referred to a smaller subdivision.
Inspectors also found no records of Mwale’s ownership or intent to purchase in the Lands Register, casting doubt on the transaction’s legitimacy.
An inspection valued Simonga Farm at ZMW 29.5 million—well above the contract’s stated price—suggesting the acquisition may have involved the entire property, not just a subdivision.
The ACC also raised tax evasion concerns, with Zambia Revenue Authority documents showing that property transfer tax had not been paid for the transaction.
The court ruled that Mwale’s acquisition of Simonga Farm likely involved unexplained wealth, warranting non-conviction-based forfeiture.
The judgment cited Mwale’s position as an undue financial advantage, allowing him to acquire assets beyond his disclosed income.
Consequently, the EFCC ordered the farm’s forfeiture, though the Arnolds may claim any unpaid amount after tax obligations.
The court also directed the interested parties to cover court costs related to the forfeiture proceedings.
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