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The Economic and Financial Crimes Court has ordered the forfeiture of a farm owned by Tasila Lungu, daughter of former President Edgar Lungu, valued at over K8 million.
The court deemed the property as tainted following investigations that revealed the acquisition and development of the farm could not be justified by Tasila’s legitimate income.
This ruling comes on the heels of a similar case earlier this year involving Lungu’s other daughter, Chiyeso Lungu, whose properties in State Lodge were also forfeited after being found to have been acquired through crime proceeds.
The panel of Justices—Susan Wanjelani, Pixie Yangailo, and Vincent Silok—delivered the verdict, stating that Tasila had failed to provide credible documentation to substantiate her claim that her father financed the purchase of the farm.
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“Further there is no trail to show that the money came from the father who is the former head of state. Without the money trail, the only reasonable inference we are able to draw is that the interested party did acquire the property in question as a result of a serious offence or some other illegal activity,” the court ruled.
The court clarified the principles of non-conviction-based forfeiture, explaining that the state does not need to establish the commission of a specific offense or directly link the property to such an offense.
The Justices noted that Tasila’s legal team’s arguments were relevant to conviction-based forfeiture but did not apply in this case.
The court stated that Tasila had no known means to acquire or develop the property, as her documented income from 2015 to 2021 amounted to K154,200, which was insufficient for the farm’s acquisition and development.
“Tasila had no known means to acquire or develop the property, as her documented income from 2015 to 2021 amounted to K154,200, insufficient to purchase and develop the farm,” the court stated.
The ruling also noted that if Tasila had any other economic activities, she would have been required to file tax returns and pay taxes under the law.
Her failure to provide proof of such activities or tax filings led the court to infer potential tax evasion, a serious offense that could render the farm tainted property under the Forfeiture of Proceeds of Crime Act (FOPCA).
The court highlighted a significant disparity between Tasila’s documented income of K867,800 and the value of the farm, which was K8,849,098, leaving an unexplained shortfall of over K7.9 million.
The Justices referenced a previous decision in the case of Chiyeso Lungu, where the court had stated that claiming financial assistance from a relative without credible evidence of a money trail was insufficient to defend against forfeiture.
The court ordered that Farm No. F/2278 in Sinda District be forfeited to the state.
Additionally, Tasila was ordered to bear the costs of the proceedings, which would be taxed in default of an agreement.
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