By 
Former First Lady, Esther Lungu, has opposed the forfeiture to the State of the 15 double storey flats located in State Lodge, saying they are matrimonial properties developed by her husband, Edgar Chagwa Lungu.
The first Lady in an affidavit in opposition to notice of motion filed before the Economic and Financial Crimes Court, described as baseless the allegations by the Director of Public Prosecutions (DPP) that the properties were tainted and acquired through criminal activities.
In this matter, the DPP had applied to the Economic and Crimes Court, seeking an order for the forfeiture of the flats valued at K24 million.
According to investigations conducted by Drug Enforcement Commission (DEC) senior investigations officer, Emmanuel Khondowe, Esther’s known income was far below the value of the properties in question.
Khondowe submitted that the former First Lady’s income and expenditure between August 1, 2012 to August 16,2022 revealed an income of K3,104,487.14 against an expenditure of K2,511,117.09 with a variation of K593,370.05.
“I did a comparison of the known income of K3,104,487.14 against the four properties with the 15 value at K24,256,434.55 which showed a variation of K21,151,947.41 above her known income,” he stated.
But the former First Lady as an interested party in the matter disputed the allegations and said the financing of the properties no.9334/1,9334/2 and 9334/4 was through her hard work.
She explained that prior to becoming the First lady, she worked for the Zambia Council for the Blind and Handicapped ; the Christian Council of Zambia ; under the United National High Commissioner for Refugees (UNHCR) for Refugee counselling services; the Legal Services Corporation; Lusulo and Company; Toplis and Harding Insurance Loss Adjusters; and Independent Insurance Loss Adjusters.
She added that her other source of income after formal employment came through via her involvement in Non-Governmental Organisations (NGOs) which allowed her to travel internationally to exhibit and sell Zambian products in liaison with the Zambia Development Agency plus the allowances as First Lady.
She informed the officer that the said properties were acquired by her by way of direct lease from the Commissioner of lands.
“That the furthermore I wish to state that the aforesaid properties registered in my name are in fact matrimonial properties which information was also conveyed to the said deponent the investigation officer and that these properties were developed by my husband. That more over I note that unilateral valuations were carried out in relation to the said properties to ascertain and compute an intentionally inflated colossal value which in any event I dispute,” she said.
She contested it was unfair for the DPP to demand for the forfeiture of the seized flats without any prosecution before a competent court to prove her guilty.
The ex-First Lady said the DPP had not provided evidence to the said allegations to warrant the forfeiture, therefore, the proceedings were a violation her constitutional right against self-incrimination.
“It is my constitutionally guaranteed right to be presumed innocent until proven guilty and that these proceedings breach the said constitutional right to be presumed innocent by attributing guilt with no prior conviction associated with the said properties,” she said.
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