Dalitso Lungu, son of former President Edgar Lungu, has filed an appeal seeking to recover 79 motor vehicles and 25 properties forfeited to the State by the Economic and Financial Crimes Court (EFCC).
Through his lawyers, Messrs Malisa and Partners, Dalitso and his company, Saloid Traders Limited, have lodged a Notice of Intention to Appeal together with a Memorandum of Appeal challenging the February 9, 2026 judgment of the EFCC.
In that ruling, the lower court ordered the forfeiture of a fleet of vehicles valued at more than K24 million and multiple pieces of land across the country. The court found that the assets were tainted and reasonably suspected to be proceeds of crime under the Non-Conviction Based Forfeiture framework.
The State, acting through the Director of Public Prosecutions under the National Prosecution Authority, had applied for forfeiture on grounds that investigations revealed unexplained wealth allegedly running into tens of millions of kwacha. The prosecution argued that the assets held by Dalitso and Saloid Traders Limited far exceeded their declared income.
Investigations cited by the court reportedly included inquiries at the Zambia Revenue Authority and other institutions. The EFCC concluded that neither Dalitso nor his company had the financial capacity to acquire the vehicles and properties in the manner and at the rate they did.
The seized assets include 69 vehicles valued at over K24 million and 25 pieces of land located in Chongwe, Chibombo, Chisamba, Solwezi, Ndola, Chilanga, Petauke and Nakonde.
In his appeal, Dalitso argues that the High Court judges erred in law and in fact by concluding that the properties were proceeds of crime without identifying any specific serious offence allegedly committed. He contends that the court wrongly shifted the burden of proof onto him after the State established what it termed “reasonable grounds to suspect” that the properties were tainted.
He submits that this approach contravened Sections 31 and 34 of the Forfeiture of Proceeds of Crime Act and effectively reversed the statutory burden of proof.
Dalitso further argues that the court misdirected itself by basing the Non-Conviction Based Forfeiture Order on Section 71 of the Act instead of limiting itself to Sections 29 and 31. He cites the case of Sydney Mwansa v The Director of Public Prosecutions, decided on June 11, 2024, as binding authority on the interpretation of non-conviction based forfeiture provisions.
Among other grounds, he claims the court rejected his unchallenged affidavit evidence that his late father financed the purchase of some of the properties. At the same time, he argues, the court accepted what he describes as hearsay evidence from the State.
He also disputes the valuation of the motor vehicles at over K23 million, arguing that the figure was not supported by independent or credible valuation evidence.
The appeal further challenges the order condemning him in costs.
In its February 9 judgment, the EFCC questioned claims that some properties were financed through business profits and commercial farming. The court noted that Dalitso allegedly failed to provide details of crops grown, livestock reared or buyers of farm produce to substantiate the farming income claims.
The appeal now places the matter before the appellate court, where judges will review whether the EFCC correctly applied the law and properly assessed the evidence before issuing the forfeiture order.
At stake is not only the fleet of vehicles and the 25 properties, but also the interpretation of the Non-Conviction Based Forfeiture regime. The appellate court will determine whether the evidentiary threshold was met and whether statutory provisions were correctly applied.
The case is now pending determination before the higher court.

