Dollar millionaire Lamba chief wants his $3m from ACC

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CHIEF Nkana of the Lamba speaking people in Lufwanyama district on the Copperbelt province has challenged the Anti-Corruption Commission for holding onto his bank account following the expiration of the seizure notice placed on the same.

In a fresh action instituted before the Economic and Financial Crimes Court, Godfrey Shamanena argues that it is illegal for the commission not to issue a fresh restriction notice nine months after the warrant of seizure expired.

The Anti-graft body froze the chief’s account domiciled at ZANACO with a balance of US$3, 000, 000 after selling his mining license 13811-HQ-GML to Pridegems Mining Limited, a subsidiary of Grizzly Mining Limited at a sum of US$5,000,000 on August 20, 2021.

Chief Nkana said on September 15,2022 he was quizzed by the ACC in Kitwe about the source of the money deposited into his account to which he rendered an explanation.

He stated that since then, he has never been called by ACC on any issue concerning the restricted account or any other investigation.

“When the nine months initial life span of the restriction notice was about to expire as prescribed by law, I met the Director General of the ACC and inquired as to when I would be allowed to access my account,”Shamanena said.

“I also explained that being a senior citizen and advanced in age, I depended on the same account to fund my regular medical check-ups from time to time as recommended by medical doctors. In response to my inquiry, the Director General informed me that the ACC had extended its investigations into whether the necessary taxes were paid on the said transaction.”

However, the traditional leader is seeking an order that the Commission has no powers to investigate matters relating to property transfer tax as such powers are exclusively reserved for the Commissioner General of the Zambia Revenue Authority as per the Property Transfer Tax Act as read together with the Income Tax Act.

He is seeking an order setting aside the warrant of seizure placed by the ACC on his account on grounds of arbitrariness and abuse of power.

Shamanena is further seeking an order that the failure by ACC to serve a fresh notice of the restriction following the expiration of nine months of its initial lifespan rendered the ACC’s continued denial of the respondent’s access to his account illegal.

By Mwaka Ndawa

Kalemba February 12, 2024.

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