Former Kabushi Member of Parliament Bowman Lusambo has lost four properties and a Range Rover following a ruling by the Lusaka Magistrates’ Court.
Lusambo is currently serving a four-year prison sentence after being convicted on corruption charges in 2024.
The court ordered the assets forfeited to the state, deeming them “tainted” under the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
The ruling was delivered by Magistrate Faides Hamaundu after an application by the state to confiscate Lusambo’s properties located in the Silverest area of Chongwe and a black Range Rover.
According to Magistrate Hamaundu, the state’s application was grounded in Section 4 of the Forfeiture of Proceeds of Crime Act, which allows a public prosecutor to seek the forfeiture of properties proven to be tainted.
The court referenced a precedent set in the case of Nkobi Holdings Limited and another v. The State (2008), which emphasized that forfeiture proceedings are aimed at ensuring that individuals do not profit from their wrongdoing.
The defense, however, objected to the application, arguing that the court lacked jurisdiction to grant the order.
They cited Section 331 of the Criminal Procedure Code Cap 88. In response, the state referred to the case of Leah Tekumwenzo Mpondela v. The People (Appeal No. 105/2020), in which the Court of Appeal affirmed that a magistrate has jurisdiction to hear forfeiture applications under Sections 4(a) and 10 of the Forfeiture of Proceeds of Crime Act.
Having reviewed the submissions and evidence, Magistrate Hamaundu ruled in favor of the state.
These properties include the black Range Rover (count two) and four houses in the Silverest area of Chongwe district.
