By 
Former First Lady, Esther Lungu, has secured a temporary victory in her legal battle over 15 double-storey flats in Lusaka’s State Lodge area after the Court of Appeal halted their forfeiture pending the outcome of her appeal.
In a ruling dated March 19, 2025, Justice Yvonne Chembe granted Lungu’s request for a stay of execution against the Economic and Financial Crimes Court’s decision, which had ordered the forfeiture of her properties.
“I find that this application has merit and is accordingly granted. For the avoidance of doubt, the judgment of the court below, dated September 27, 2024, is stayed until the determination of the appeal,” Justice Chembe stated.
The ruling allowed Lungu to retain control and possession of the properties, but she was barred from disposing of them until her appeal was concluded.
Lungu has challenged the forfeiture ruling, arguing that it is flawed and violates her constitutional right to property.
Her appeal questions whether mere possession of property without a “reasonable” explanation constituted a crime justifying forfeiture.
Additionally, she questions whether the court relied on assumptions rather than solid evidence to link her assets to alleged criminal activities and whether the decision contravenes established legal precedents under Zambia’s Forfeiture of Proceeds of Crime Act No. 19 of 2010.
Lungu contended that enforcing the judgment before her appeal was heard would render her legal challenge meaningless.
The case remained pending as the Court of Appeal prepares to hear the substantive appeal.
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