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On November 4, 2024, former First Lady, Esther Lungu, received court approval to appeal a ruling from the Economic and Financial Crimes Court–High, which had previously denied her the right to cross-examine witnesses in a forfeiture case involving 15 double-story flats.
The Court of Appeal’s decision allowed Esther to challenge the earlier ruling issued on May 20, 2024, regarding properties No. 9334/1, 9334/2, 9334/3, and 9334/4 in State Lodge, Lusaka, which were forfeited under her name.
In her affidavit, Esther expressed grievances over the March 11, 2024 decision that allowed the respondent—the Director of Public Prosecutions—to call officials from Zambia National Commercial Bank (ZANACO) and First National Bank (FNB) to testify and submit bank statements.
Esther claimed she was not allowed to cross-examine these witnesses.
Following this, Esther sought to examine three critical witnesses: Emmanuel Khondowe, a senior Drug Enforcement Commission investigations officer, Milky Kaisi, and Paul Moyo.
However, the court denied this request on May 20, 2024.
In her appeal, Esther argued that her right to a fair hearing was compromised by the refusal to allow cross-examination.
She contended that cases under the Forfeiture of Proceeds of Crime Act No. 19 of 2010 should not rely solely on affidavits, especially when criminal implications are at stake.
Esther’s memorandum of appeal asserted that denying her the opportunity to challenge the evidence through cross-examination created an unequal trial environment, impacting her constitutional right to property and principles of a fair trial.
In her ruling, Judge Catherine Makungu acknowledged that the issues raised were significant and warrant further examination.
She noted that questions regarding the application of relatively new laws, like the Forfeiture of Proceeds of Crime Act and the Prohibition of Money Laundering Act, were crucial for balanced judicial proceedings.
Judge Makungu granted Esther leave to appeal, emphasizing that a decision by the Court of Appeal would be in the public interest.
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