Former First Lady Esther Lungu and her daughter, Tasila, have filed separate appeals in the Court of Appeal, challenging the State’s forfeiture of their properties.
Esther Lungu is contesting the decision to forfeit four properties, numbered 9334/1, 9334/2, 9334/3, and 9334/4 located in State Lodge, Lusaka with an estimated value of K66 million.
Tasila is challenging the forfeiture of her farm in Sinda District of Eastern Province worth K8 million.
The former First Lady’s properties comprise 15 double-story flats, which the State alleges were acquired through proceeds of crime.
In her appeal, the former First Lady argues that the High Court erred by basing its decision on discrepancies between her income and the cost of developing the properties.
She also contends that the court improperly shifted the burden of proof onto her, contrary to the Forfeiture of Proceeds of Crime Act.
Lungu argues that the court overlooked relevant legal precedents, such as the 2021 Sydney Mwansa v. The People case, which emphasised the need to establish a clear link between the alleged offenses and the forfeited properties in non-conviction-based cases.
She is challenging the valuations presented in court, which pegged the properties’ development costs at K41.5 million as of November 2022, arguing that the court failed to consider her husband, former President Edgar Lungu’s role in constructing the properties.
Alongside Chiyeso, another daughter, the three Lungu women, have had their various properties running into millions of Kwacha forfeited to the state. All three have appealed.
