By Ollus Ndomu
In a legal maneuver aimed at reclaiming assets deemed to be derived from illicit activities, the Director of Public Prosecutions (DPP) in Zambia, Gilbert Phiri, has initiated proceedings to confiscate ten Higer buses and approximately K1.5 million from Charity Katanga’s Chibeka Express account.
The move follows Katanga’s recent conviction for failing to account for the wealth used to acquire these assets.
Charity Katanga, a former Deputy Inspector General of Police, was sentenced to three years of simple imprisonment on February 19th after being found guilty of failing to justify the source of funds used to purchase the buses.
The court’s decision was based on Section 71(1) of the Forfeiture of Proceeds of Crimes Act No. 19 of 2010, which carries a maximum penalty of five years’ imprisonment.
In a motion presented before Magistrate Davies Chibwili, the DPP seeks the forfeiture of the ten Higer buses, valued at K26,282,770.00, along with K1,522,005.15 held in Katanga’s Chibeka Express Limited account at Stanbic Bank Ndola Main Branch.
Emmanuel Mwanza, Chief Investigations Officer of the Drug Enforcement Commission (DEC), submitted an affidavit in support of the application, citing Sections 4 and 10 of the Forfeiture of Proceeds of Crime Act.
“We submit that the record will show that this Court has already found, as a matter of fact, that the 10 buses are proceeds of crime and has convicted Katanga accordingly,” argued Mwanza.
“We pray that this court holds that the K1,522,005.15 is also tainted property and orders that it be forfeited to the state and paid into the government’s Consolidated Fund held at the Central Bank.”
The state contends that the assets in question are linked to criminal activities and therefore should be confiscated in accordance with the law.
The outcome of the proceedings will have significant implications for both Katanga and the broader legal landscape surrounding asset forfeiture and combating financial crimes in Zambia.
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