The company says it was not given a fair hearing.
Patrice Chiluba and Darlington Chiluba have petitioned on behalf of Tedworth, a company registered in Panama, an investment company of former President Frederick Chiluba.
The petitioners contend that the ACC had issued a notice to Tedworth Properties for the forfeiture of three of its properties worth over K40 million under the Corrupt Practices Regulations.
They argue that this was successfully appealed against in the High Court on grounds that notice was issued under the Corrupt Practices Regulations, which was illegal because the properties were not recovered as a result of corrupt offences.
The petitioners state that Dr Chiluba was not convicted of any offence under the law in Zambia in connection with the seized properties.
They have submitted that the forfeiture did not arise from any order of the court either under civil or criminal proceedings which resulted in a conviction.
“On appeal to the Supreme Court by the Anti-Corruption Commission, the appeal was allowed in a judgment handed down on 29 December, 2016 by a panel of three judges,” part of the petition reads.
It contends that the Supreme Court violated the principle of natural justice by allowing a judge who had not heard the parties to participate in making the decision.
The petitioners argue that they have a right to a fair hearing before an independent and impartial court.
They want the court to order that the forfeiture notice was null and void and that the properties be restored to the petitioners.
They also want a declaration that their right to protection from deprivation of property without adequate compensation was violated and that in the alternative the ACC pays compensation at the current market value of the property.
The petitioners also want a declaration that they were not given a fair hearing as one of the judges comprising the quorum that determined the appeal had not heard Tedworth Properties Limited.
What a waste of peoples’ time, these products of s stinking thief must just stop tempting fate and accept to give back that which their stinking dead father stole from us.
The balance will keep on decreasing until the amount is negligible…… they want every one to forget and those who know the case better to die. The hyenas are waiting!
The new bench will have 5 judges with Edward as “chairman” with a casting vote & RB as consulting judge. The initial judges will be sent to some obscure corner of the supreme court.
Justice made in PF.
What are you talking about? Chiluba thought he would escape justice by dying. Let the bushmen lose the property. Its was corruptly obtained
While I agree that Tedworths might have acquired the said properties fraudulently, I sure don’t know of any conviction against FTJ that should warranttee the forfeit of his properties. Let the courts prove in guiltiness of the man for even in the graveyard he can be sentenced posthumously. Judges with personnal problems with the accused should recluse themselves from cases,that’s the right way we go. It’s uncommon to hear a judge has reclused him/herself from a case these days
Sir Kindly note that Tedworth a company registered in Panama was in court to explain source of funds which were “suspected” to be proceeds of corruption. The remember that the state can cease such properties suspected to be proceeds of “crime” of course with the court process in consideration if the “owners” contest. They failed to satisfactorily satisfy the Supreme court otherwise. If a company is limited its owners are not directly liable and Chiluba failed to claim or appear in court to appeal this. If there is no corruption this case should be Thrown out by the Learned judges at this point… the appeal should have been on another basis. That is my little understanding of this case can some Lawyers assist to input here
“BROWN ENVELOPE”: You don’t have to be convicted for property to be grabbed. Failure to prove beyond reasonable doubt that the property was not acquired through corrupt means is a REASON enough to warrant the forfeiture of such property to the state.
The same is true with Kambwili – if he fails to prove that he acquired K28Billion in his account in an honest manner then the Court will rule that these are proceeds of crime and same will also be forfeited to the state. You can’t say I own these billions and they dropped at my yard from heaven – How? or saying that it was a gift from my business partners who are no where to be traced – NO and A BIG NO.
The London case.
Why should the matter be back in court? Isn’t the supreme court the final one in the hierarchy of appeals?Chiluba’s children must accept that their father stole and that there are always consequences to every bad deed.
These Chiluba chaps probably were not even aware that there were such properties in the Chiluba estate because all was kept hush hush for obvious reasons. State should just auction off the properties and use the money to build a clinic or school.
Laito vs The people and buried kwachas
Selective justice, the RDA Chairperson, Nsanda, had more billions than Liato, yet it was a matter hushed by the powers that be.
A case of failed state.
I do not condone thievery at all, but the law is s selective, akin to animal farm story
@slyvia, never heard of that one…!
Chiluba was a thief plain and simple. He was convicted in a London court though the judgment was not effected because the court ruled that it could not be registered but that the state could commence a fresh action and tender the judgment as part of its pleadings. We all know that the person behind this is now a judge and has a direct interest in the matter. He is the same judge who when he was a lawyer attempted to appear on behalf of chiluba in his divorce case in a local court! Judge let the matter go and stop preparing proceedings from the bench, you are now a judge grow up!
@C-General ;its not the duty of the accused to prove beyond reasonable doubt. It’s the duty of the prosecution to do that unless that’s Greek law but Zambia uses British law. There is no genuine court that can call for the forfeiture of items when the prosecution has failed to prove that the said items were acquired fraudulently. In a.Kangaroo court,your statement is true to the best of my knowledge and that’s how Zambian courts have turned out to be. When did u last hear a Judge in Zambia recluse himself of the case? Even when the complainant raises the issue in the preliminaries that still go ahead to preside over the matter. To forfeit property prosecution should prove their case not the otherway round and I doubt if they did.
*recuse
oh please it is a well known fact that FTJ was a thief. His tenure in office was the worst in Zambia
Ba LT, please write in English and be serious. To ‘cease’ is to come to an end..
to ‘Seize’ is to take control or take hold of something, suddenly.
For example: Since Yahya Jammeh seized power in The Gambia in 1994, his rule has not ceased despite the December 2016 vote which he lost.
Now rewrite your headline using these three words in one sentence. 1) Chiluba, 2)Thief, 3) Seized.
Late president FTJ Chiluba died a convicted person by UK, died as a thief in Zambia. Forfeiture of properties acquired was as result of his office abuse and mere theft like any other common thief. Lawyers representing the Chilubas should declare their interest in the case and Zambians should note that suffering and deaths of Zambians resulting from Chiluba’s theft as per UK judgement will directly implicate these lawyers representing the Chilubas.
Convicted crook was given honour of State funeral and mausoleum paid by tax payers. Well done ECL
Just for this company to be registered in Panama by these Zambians should tell you the story. These were hard cores CRIMINALS. Infact these properties are just but a tip of the ice berg. There are other properties littered all over the world that are un known to us and the investigators.
I cannot even tell you how to get connecting flights to Panama in this modern day. Imagine doing this when the Internet was still but dial up. These properties are Zambia’s and thus these Chiluba crooks should be ashamed.