Former First Lady Esther Lungu has launched a legal battle to stop the state from seizing her controversial 15 double storey flats in Lusaka.
She has asked the Economic and Financial Crimes Court to stay the execution of its judgment ordering the forfeiture of the apartments, valued at K66 million, to the State pending the outcome of her appeal to the Court of Appeal.
In her affidavit, Lungu, the registered owner of the properties in question (Nos. 9334/1, 9334/2, 9334/3, and 9334/4), argues that the forfeiture judgment issued on September 27 raises serious constitutional and legal questions.
Her lawyers contend that the case hinges on whether mere possession of property, without an explanation deemed reasonable by the court, constitutes a crime.
She also questions whether the court can assume the property is tainted without concrete evidence linking it to criminal activity.
“That the issues raised on appeal are serious questions that relate to whether or not mere possession of a property without an explanation the court considers reasonable constitutes an offense such that the property is then deemed to be proceeds of crime and forfeited to the state,” she argued
She believes her appeal has strong prospects of success, citing a November 20 order from the Court of Appeal granting her leave to challenge the judgment.
Her legal team argues that executing the forfeiture order now would render the appeal meaningless, turning it into a mere academic exercise.
“That the aforesaid issues are fit for determination by the Court of Appeal as the same affect my constitutional right to property and accordingly ought to be determined without rendering my appeal before the court of appeal nugatory and an academic exercise,” she said.
The former first lady maintains that granting the stay will not prejudice the state, as the properties are already under its control.
On the other hand, she claims she would face irreparable harm if the judgment is enforced before her appeal is heard.
