The Economic and Financial Crimes Court (EFCC) has ruled in favor of the Drug Enforcement Commission (DEC) in a case involving the seizure of Lusaka businessman Sedrick Kasanda’s property.
The court declared that the seizure of Kasanda’s Ibex Hill house, Plot No. 19 Main Street, was lawful.
The EFCC bench comprising Judges Ann Malata-Ononuju, Ian Mabbobolo, and Vincent Siloka dismissed Kasanda’s petition which challenged the legality of the DEC’s actions in 2023.
Kasanda had argued that the seizure of his property was illegal and violated his constitutional rights under Articles 16(1), 16(2), and 18 of the Zambian Constitution.
Kasanda sought a declaration that the DEC’s search and seizure were ultra vires, void ab initio and unconstitutional.
He also claimed that the seizure caused damage and distress to him and his family, including minors living on the property, and requested damages.
In its judgment, the EFCC found that the DEC had acted within its mandate under the Narcotic Drugs and Psychotropic Substances Act.
The court noted that the DEC had obtained valid search and seizure warrants, allowing the investigation into the petitioner’s property.
The judges held that the petitioner’s right to be presumed innocent was not violated, as the seizure was part of an ongoing investigation.
The court stated that the constitution permits the seizure of property during investigations and rejected Kasanda’s claim that his rights had been breached.
The court further ruled that the petitioner had failed to prove his claims for damages.
It noted that no evidence was provided to demonstrate that Kasanda or the occupants of the property suffered harm as a result of the seizure.
The judges emphasized that the DEC’s actions did not amount to trespass, as they were conducted lawfully and in accordance with legal procedures.
The court dismissed Kasanda’s petition in its entirety and awarded costs to the DEC.
It clarified that the property seizure was for investigative purposes and that the property could either be returned or subjected to further legal proceedings depending on the investigation’s outcome.
