Tue, 13 Feb 2018 10:06:16 +0000
By BENNIE MUNDANDO
THE Ministry of Lands has issued a title cancellation notice to property which was given to former President Frederick Chiluba’s wife Regina, to rectify the error that was made where the children were excluded from the title.
According to a letter by the lands and deeds chief registrar dated January 30th, 2018 addressed to late Ms. Chiluba’s estate administrator, Mando Mwanza, the said property was supposed to have been assigned to the surviving spouse and children as opposed to the spouse alone.
The decision, the letter says, was arrived at after one of Dr. Chiluba’s sons, Darlington, challenged the issuance of certificate of title in the name of Ms. Regina Chiluba only and excluded them.
“We wish to advise that we are in receipt of correspondence from Mr. Darlington Chiluba, on behalf of the estate of the late Frederick Chiluba, who has challenged the issuance of the certificate of title in the name of Regina Chiluba only to the exclusion of Dr. Chiluba’s children.
“As you are aware, the said property was offered to the second Republican President as part of his retirement package as per the Benefits of Former Presidents Act CAP 15 of the laws of Zambia,” reads the letter in part.
The ministry has given two weeks in which the cancellation process will be facilitated and be assigned to Dr. Chiluba’s children who were supposed to have jointly owned it with Ms. Regina Chiluba.
“Section 4A (2) (b) is instructive as to how the property was to be assigned as it provides that (2) where a former president who is entitled to the benefits conferred under section (1) dies while in or after having left office-(b) shall be assigned the surviving spouse and children jointly, the furnished house built or bought by the state at a place of the surviving spouse’s choice, if the house referred to in paragraph (a) subsection (1) has not been assigned to the former president.
“Therefore, according to the above provision of the law, the title to the above property should have been assigned to the surviving spouse and children as opposed to a spouse alone. In light of the above, notice is hereby given that 14 days from the above date herein, we intend to cancel the above certificate of title under section 11 (1) of the Lands Deeds Registry Act as it was issued in error. This will enable my office to issue the title in the name of late Frederick JT Chiluba’s children who should have held the property jointly with the late Regina Chiluba,” reads the letter in part.