By GRACE CHAILE LESOETSA
A TANZANIAN business tycoon and two others have again sued the Anti-Corruption Commission (ACC) in the Lusaka High Court seeking a declaration that it breached its statutory duty when it forfeited the infamous 48 houses to the state when there was a claim by the rightful owners.
Mr Uziel Bashire, his cousin Zuberi Senga Bigawa and Mr Charles Loyana are now asking the court to determine whether ACC did not breach its statutory duty by section 60 of the Anti-Corruption Act and Regulation 3 of the commission (Disposal of Recovered Property) Regulations, 2004 and all other enabling laws by purporting to go ahead to forfeit the 48 houses located in Lusaka’s Chalala area to the State when they lodged a claim on the said properties.
They want the court to declare that Mr Loyana had and has the requisite power and authority by law in Zambia, to buy, possess and own property in his name for his own benefits or for the benefits of any other person.
The three want the court to award them damages for breach of statutory duty imposed on the ACC in that the arbitrary seizure and continuation of holding on of the properties by ACC despite the claim made by the rightful owners is in breach of that duty, therefore unlawful, and illegal.
Mr Bashire and others are seeking an order that he has an interest in the properties brought by Mr Loyana and as such, Mr Loyana as a buyer of the properties be granted possession of the properties.
The trio seek an order for the ACC to account and pay Mr Bashire or Mr Loyana all the income received as rentals from the date of seizure to the date of order or in the alternative mesne profits.
They want an order for payment of interest for the sum due, costs of and incidental to the proceedings.
The trio had earlier sued ACC in the Lusaka High Court but discontinued the case without stating reasons.
