THE Economic and Financial Crimes Court has heard that former High Court judge Wilfred Muma breached procedure when he wrote to the Zambia Army commander asking him to surrender title for the land in Chikoleka forest, in woodlands area which he issued to the Patriotic Front.
A commissioner of lands yesterday narrated that the Patriotic Front was issued 6.0352 hectares of land for a period of 99 years, as a medium residential plot yet such a huge chunk of land can only be issued for a small holding or commercial property.
In this matter, the former adjudicator is facing two counts of wilful failure to comply with the law and applicable procedure relating to the allocation and disposal of public property, and abuse of authority of office.
Muma is alleged to have grabbed land from the Zambia Army which is a portion of Chikoleka Forest, on Chitukuko road in Woodlands area and issued it to the Patriotic Front in 2018 when he served as Commissioner of Lands.
Lynn Habanji, in her testimony before judges Pixie Yangailo, Ann Ononuju and Mwanajiti Mabbolobbolo said the Ministry of Finance which was the title holder of the land in Chikoleka Forest on behalf of the Zambia Army, was kept in the dark about the request to surrender and cancellation of the tittle.
“They indicated that the request for cancellation of the certificate of title should have been deposited with them in their repository,”she said.
Habanji said instructions from the President to repossess tittle should be put in writing.
She said the land was leased to the ministry of Finance on behalf of the Zambia Army by former President Edgar Lungu in May 2016 for 99 years, and was registered on May 30.
Hibanje narrated that the Army was asked to expire the lease and certificate of title pursuant to Section 94(f) of the lands Act.
She said the land was later leased by the President then to Linus Eya and three others, suing as a firm and Nickson Chilangwa who sued as acting secretary general of the PF for 99 years.
Habanji said the land whose size was 6.0352 hectares was supposed be issued to the registered trustees of the Patriotic Front.
“It was not supposed to be like this because, the lease between Linus Eya and three others suing as a firm and Nickson Chilangwa as acting secretary general of PF, were are not eligible to own land, as they are not a body corporate eligible to own land,” Habanji said.
“Entry no. 5CT_4867 in term of title holder is referring to Linus Eya and three others and Nickson Chilangwa in his capacity as SG under normal circumstances it was supposed to show PF trustees are registered owners.”
The commissioner said while there was a land register referring to Eya and three others, There was another land register which was showing the tittle holder as PF registered trustees and showed the President then, as the leaser and leassee as PF registered trustees.
“At entry number 6, there’s a caveat registered on November 4, 2021 registered on the same day. The caveator in this place was ECB legal practitioners on behalf of Chazya Chileshe Associates limited claiming an interest fee for remuneration and project consultancy rendered,” Habanji said.
“There was a court judgement giving the sale of the property from PF to Allianz investment limited thought, the name shows Linus EYA. On entry no. 8 the property was sold from Allianz Investment to PF at K8. 851 million and the date of assignment of registration is March 3, 2022.”
She disclosed that the offer letter for the land given to PF was issued as medium residential.
“When it comes to the size, the standard size for a medium residential property is around 30×20, 30×30 meters these are residential medium sized properties which we find in Chalala,” Habanji said.
“It is unusual for medium residential properties to be sized in 6.0352 hectares. That’s the size of a small holding or commercial property. Medium cost residential properties would be in the range of K4000 and a commercial property of this size would be in the range of over K500,000 as consideration fees.”
She explained that the procedure used to have the army let go of its land was wrong.
“With regard to procedure, requesting the Army Commander to surrender land was flawed, the letter should have been written to the minister of finance who was the title holder,” said Habanji.
“The offer letter to the PF registered trustees under the use, instead of being zoned as medium residential, it should have been zoned as commercial considering the fact that the application was with regard to building an office block for the party. There should have been an application to change the use of land from government to the intended use.”
During cross examination by Muma’s lawyer James Mataliro, the commissioner said she was not working at the ministry of lands in 2018.
She confirmed that she can’t speak to the issue that transpired in real time.
Asked if she was aware that the Zambia Army commander requested for a meeting regarding the cancellation of the tittle, Habanji responded in the negative.
She also confirmed that the Zambia Army applied for the lease of the land and not ministry of finance.
The matter comes up on November 11 for continued cross examination.
By Mwaka Ndawa
Kalemba October 17, 2024.
