FORMER Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu’s application to prevent the Economic and Financial Crimes Court from hearing a motion in which the State wants to have his accounts forfeited has been dismissed for lacking merit.
This means that the Economic and Financial Crimes Court will proceed to hear a case Director of Public Prosecutions Gilbert Phiri has applied for the forfeiture of over US$24 million seized from his law firm’s accounts.
In the motion, Mr Phiri submitted that the seized amounts in the law firm’s different accounts are tainted property because they are proceeds of crime obtained from illegal and unlawful transactions.
The amounts include over US$7 million held at FNB, over US$7 million held at Stanbic Bank, and US$10 million held in the ABSA Bank account.
Mr Phiri filed an originating notice for an application for a non-conviction-based forfeiture order of tainted in which Mr Lungu were cited as first and second interested parties.
But Mr Lungu raised preliminary issues asking whether the Economic and Financial Crimes Court has any practice and procedure to be followed under it for them to hear the case in issue; whether the seizure notices issued in the respect of the bank accounts are valid and also whether the court had power to interpret remuneration agreement.
He also asked whether the court may hear and determine the matter at hand which are currently pending before the Constitutional Court and Court of Appeal.
But in its ruling rendered by judges Pixie Yangailo, Annie Malata-Ononuje and Ian Mabbolobbolo, the court stated that it has unlimited and original jurisdiction to hear and determine both civil and criminal matters.
“And this is in inclusion of the powers under The Economic and Financial Crimes (Division of Court) Order,. In conclusion, this court as a division of the High Court, has jurisdiction to determine both civil and criminal matters and the practice and procedure to be employed in determining matters is the practice and procedure prescribed for the High Court,” the judgement reads.
(Mwebantu, Friday, 4th August, 2023)