The Anti-Corruption Commission (ACC) has said that it is still in control of the properties of former Lusaka Province Minister Bowman Lusambo situated in Chamba Valley by way of the Restriction Notice which is in force.
Lusaka Resident Magistrate Albert Mwaba yesterday set aside the Warrant of Seizure on Lusambo’s properties on account that it is an abuse of court process as there was a Restriction Notice which was already in place on the same properties.
In a statement released to the media, ACC said that the Restriction Notice is still in force as there has been no decision of any competent court to reverse or vary it, adding that the Commission is dissatisfied with the ruling of the Court to set aside the Warrant of Seizure as provided under the Anti-Corruption Act no. 3 of 2012 subsection 58(1) which provides for the seizure of properties under investigation.
The Commission further noted that, while it respects the decision of the Court, there is no legal requirement for the Commission to cancel a Restriction Notice before a Warrant of Seizure can be obtained and that the two actions can be enforced without any repercussions to the other as they each serve different purposes, adding that the provisions under Section 58(1) of the Anti-Corruption Act states:
“Where in the course of an investigation into an offence under this Act, an officer has reasonable grounds to suspect that any movable or immovable property is derived or acquired from corrupt practices, is the subject matter of an offence or is evidence relating to an offence, the officer shall, with a warrant, seize the property.“
The Commission concluded the statement by saying that it believes that it is on firm ground in the actions it is taking in its quest to investigate and prosecute matters relating to the corrupt acquisition of property.
Below is the full statement