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Former Cabinet Minister in the PF government, Ronald Chitotela, has appealed against the Economic and Financial Crimes Court decision which stripped him of immunity from criminal prosecution on charges of corruption.
The three-member panel of High Court judges; Susan Wanjelani, Anne Malata- Ononuju and Mwananjiti Mabbolobbolo ruled that there was no valid out-of-court settlement agreement entered into between Chitotela and ACC to set aside as the document in question was illegal.
“In casu, the respondent (Chitotela) made a representation that that the subject property was part of his alleged corrupt proceeds and it resulted into the applicant making the undertaking not to institute criminal proceedings against him. This renders the settlement agreement voidable, as the applicant herein seeks to repudiate it and for the court to set it aside,” said the court.
Chitotela has, however, challenged the Judgement of the court dated July 24, 2024 through a notice of appeal filed before the Court of Appeal.
The applicant had raised five grounds of appeal among them that the Economic and Financial Crimes had no jurisdiction to to determine civil matters .
He contested that the lower court erred in law and fact when it ruled the settlement agreement was void ab initio without the evidential threshold for proving fraud in civil matters being satisfied.
Chitotela said the court unfairly proceeded to hear the matter for fraudulent misrepresentation commenced by originating summons and supporting affidavit instead of having the matter commenced by writ of summons and commenced trial at which witnesses would be called to testify and cross examined.
Background to the matter was that Chitotela was on May 4, last year charged with two counts of being in possession of property reasonably suspected of being proceeds of crime contrary to section 71 (1) of the forfeiture of the crimes Act no.19 of 2010 of the laws of Zambia.
This is in relation to the property known as subdivision of Lot no.3270/M Ibex Hill, Lusaka, whose title deeds were in the names of Chitotela’s wife, Lillian Lufupa.
The ex-minister of Tourism had paid US$10,000 as reimbursement of the expenses incurred in the investigation of the matter.
But Lusaka Principal Resident Magistrate, Jennifer Bwalya, in her capacity then said that the immunity granted to Chitotela by the anti-graft agency to stop him from prosecution was still in force and proceeding with the matter would be subjecting him to double punishment.
ACC, however, said that in a letter dated September 20, 2019, Chitotela’s wife, requested to be given back the said property surrendered to ACC claiming that she had acquired the property through legitimate sources.
Lufupa further claimed that she made the substantial developments on the property out of savings arising from her employment and the property bore sentimental value to her.
Based on these facts, ACC filed an application in the Economic and Financial Crimes Court for an order to have the purported settlement agreement set aside on the ground, among others, of misrepresentation and concealment of material facts by the former minister.
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