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ACC BREACHED CONSTITUTION IN EXHUMING HUSBAND – WIFE

By GRACE CHAILE LESOETSA

WIDOW of late Suzyo Nyika   insists that the Anti-Corruption Commission (ACC) has breached the constitution by subjecting a dead man who cannot defend himself to criminal investigations and seizing his property.

Ms Thelma Maunga has also submitted to the High Court that ACC has harassed and threatened her with arrest merely because she was the widow of Mr Nyika.

Mr Nyika, whose remains were exhumed by the State is believed to be former Republican President Edgar Lungu’s close associate.

In this matter, Ms Maunga in a petition before the Lusaka High Court has challenged ACC’s action to seize the property of her late husband, who cannot reasonably defend himself, thus, contravening Article 16 of the Constitution of Zambia.

But ACC in its answer to the petition justified the action contending that some seized motor vehicles found at the premises of the petitioner are registered in the names of individuals facing criminal investigations.

ACC has alleged that Ms Maunga, has failed to appear and substantiate her claims for the seized properties.

In reply to ACC’s answer, Ms Maunga contends that the investigative wing has not shown how the motor vehicles being registered in names of persons under investigations connected with the petition before court.

She has also argues that ACC’s creation of the so-called joint investigations team has no legal backing whatsoever.

“That the first respondent (ACC) has abrogated article 16 and 18 of the constitution as the first respondent has subjected the deceased to criminal investigations and his property has been seized without him being heard,” she said.

Among the properties seized by ACC include six Leyland DAF trucks, two Toyota Land Cruisers, SDLG Front-end Loader (unregistered), a Jeep, and Mitsubishi Pajero.

Others are a speed boat, boat engine, Honda Motor bike, shot-gun double barrel KT 433 serial no, BR3198, two empty magazines for a rifle, two empty magazines for a pistol, 192 ammunition for Honady, 32 rounds of ammunition of shot-gun, 92 rounds of ammunition for a pistol, 52 ammunition of shot gun and 94 ammunition of hand gun.

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