State goes for Katanga’s Higer buses

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DIRECTOR of Public Prosecutions (DPP), Gilbert Phiri, has filed a motion requesting the confiscation of Charity Katanga’s 10 Higer buses and K1.5 million from her Chibeka Express account.

The court previously declared both assets “tainted” in connection with her conviction for failing to account for the wealth used to acquire them.

On February 19, Katanga, a former Deputy Inspector General of Police, received a three-year simple imprisonment sentence for failing to account for the wealth used to acquire the buses.

This sentence was based on her conviction under Section 71(1) of the Forfeiture of Proceeds of Crimes Act No. 19 of 2010, which carries a maximum sentence of five years.

The DPP, however, has moved before Magistrate Davies Chibwili to have the court order the forfeiture of the “illegal property” to the state.

According to an affidavit filed by Drug Enforcement Commission (DEC) Chief Investigations Officer Emmanuel Mwanza, the state seeks the forfeiture of the ten Higer buses, valued at K26,282,770.00, along with their registration numbers: BAF 5118 ZM, BAF 5119 ZM, BAG 8558 ZM, BAG 8559 ZM, BAG 8733 ZM, BAJ 2476 ZM, BAJ 2590 ZM, BAJ 2919 ZM, BAV 2931 ZM, and BAL 9126 ZM.

“Furthermore, the applicant seeks an order for the forfeiture of K1,522,005.15 from Chibeka Express Limited Account Number 9130000699156 at Stanbic Bank Ndola Main Branch,” Mwanza submitted.

“This money was generated by the Interested Person through a transportation business using the 10 Higer buses, which are proceeds of crime, and therefore make the money in the said account equally a proceed of crime.”

The application cites Sections 4 and 10 of the Forfeiture of Proceeds of Crime Act.

“Your Worship, we submit that the record will show that this Court has already found, as a matter of fact, that the 10 buses are proceeds of crime and has convicted Katanga accordingly,” Mwanza argued.

“We pray that this court holds that the K1,522,005.15 is also tainted property and orders that it be forfeited to the state and paid into the government’s Consolidated Fund held at the Central Bank.”

By Mwaka Ndawa

Kalemba February 22, 2024

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