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The Attorney General has asked the High Court to cancel the certificate of title of late President Levy Mwanawasa’s retirement property issued to University of Lusaka Limited on account that it was still state property.
Attorney General, Mulilo Kabesha, who is the chief legal advisor to government, submitted to the Lusaka High Court that the certificate of title no.CT-144302 for the said property was erroneously issued to the widow, Maureen Kakubo Mwanawasa, instead of being issued to the co-executors of the estate.
Kabesha stated that according to Section 6 of the Benefits of the former Presidents Act, Chapter 15, of the laws of Zambia, the State had so far constructed three housing units and was currently completing the main house on the property in Palabana, Chongwe District, before it could be handed over to the Mwanawasa family.
“The late President had passed away 4 years ago prior to the assignment. In terms of the intestate Succession Act, chapter 59 of the laws of Zambia, the property did form part of his estate and fell to be administered in accordance with the law on intestacy.
“That title was erroneously issued to Mrs Maureen Mwanawasa instead of being issued to the co-executors of the estate. Currently, the certificate of title was transferred to UNILUS on February 27,2023,” he contended.
Kabesha further argued that the property could not be transferred until after the State had completed the house and had officially handed over to the family of the late President.
This is a matter in which an executor and trustee of Mwanawasa’s estate , Constantine Haangala Chimuka, is seeking an order directing the amendment of the lease in respect of property number L/24802/M by the deletion of “ Maureen (widow) on her behalf and on behalf and also in trust of Chipokota Mayamba Mwanawasa, Matolo Levy Mwanawasa, Ntembe Tylanda Mwanawasa and Lubona Perise Chilupanama Mwanawasa” and the substitution therefore , of “ executors and trustees of the estate “ or in the alternative “the deceased”.
In the originating summons, Chimuka stated that government in 2012 allocated the property number L/24802/M to the estate of the testator pursuant to the benefits of former Presidents Act, Chapter 15 of the laws of Zambia.
He added that on July 30, 2012, government executed a lease in favour of the widow “on her behalf and also in trust for” some named children of Mwanwasa for a term of 99 years from June 1, 2012, and begun constructing structures on the subject property in the fulfilment of its obligations to the estate of the deceased under the benefits Act.
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