Esther Lungu should not hide behind her husbands immunity over 15 flats-State

The State says former First Lady Esther Lungu should provide clear and verifiable evidence on the source of income used for the construction of her 15 semi-luxurious flats wort K41.5 million and not to hide behind her husband’s immunity.

It said Esther cannot merely claim that the 15 double storey houses which she owns in state lodge area are matrimonial properties which were built by her husband, in order to free herself of guilt.

The State noted that Esther has given contradicting statements on how she came into possession of the houses as she claims they were built by her husband and that used her savings which she amassed on every trip she undertook whilst in formal employment.

In this matter the Director of Public Prosecutions (DPP) Gilbert Phiri moved a motion before the Economic and Financial Crimes Court (High Court division) to have the properties worth K41, 586, 110. 66. forfeited to the State on suspicion that they are tainted.

The former First Lady declared interest in the houses claiming that attempts by the State to grab her 15 double storey houses on suspicion that they are proceeds of crime is a witch-hunt.

Esther said after her husband Edgar Lungu lost the presidency, her family has been actively targeted by law enforcement agencies.

She said government agencies have falsely accused her family of engaging in graft and that the current proceedings instituted by the DPP are an attempt to label her husband and their children as criminals without proof.

In an affidavit in reply to affidavit in opposition to notice of motion Emmanuel Khondowe a senior investigations officer at the DEC maintained that Esther’s semi-luxurious flats are a product of grand corruption.

“Despite a person not being charged with an offence, an application can be made against the property as it is the property that is in contravention of the law,” Khondowe submitted.

“The offence of being in possession of property suspected to be proceeds of crime is not predicted on proof of the Commission of a serious or foreign offence.”

He said that he believes the properties were illegally acquired as an analysis of the former mother of the nation’s sources of income revealed that she has no capacity to possess her semi-luxurious flat as they do not equal her status.

Khondowe said he evaluate the property in conformity to her sources of income at ZRA based on what she generated locally and abroad and he discovered that under her NGO there was no registered tax returns either in her name or any entity associated with her.

“There were no other known income streams linked to Esther both locally and abroad as per taxpayer information. The Esther Lungu foundation trust is only Registered for Pay as you earn,” Khondowe said.

He stated that Esther has not shown proof of her cash inflows which she is alleged to have earned to enable her develop the 15 double storey houses.

Khondowe said Esther did not receive per diems for the trips she undertook abroad neither has she produced evidence to substantiate her claims.

“The onus is on Esther to prove that the properties in question are not tainted and were built using legitimate sources. Merely stating that the properties were developed or built by her husband is not sufficient to absolve her of this responsibility,”Khondowe said.

“The explanation that the properties were developed during the subsistence of the marriage does not automatically absolve the interested party’s responsibility to demonstrate the legitimate acquisition of the properties.”

He said Esther has not shown the movement of money from her husband to her account or to the contractor’s account to prove her claim that he built the properties and where he got the money to build the same.

Khondowe said the State is interested in the property and not Esther therefore her plea of being presumed innocent until proven guilty does not arise in the matter as none of her constitutional rights have been breached as alleged.

“There is no need for prior conviction against Esther for the properties in issues to be declared tainted property. The proceedings are constitutional and do not violet any constitutional rights,”said Khondowe.

“There is nothing unconstitutional necessitating reference of this matter to the Constitutional Court.”

By Mwaka Ndawa

Kalemba August 16, 2023.