By GRACE CHAILE LESOETSA
THE Anti-Corruption Commission (ACC) has submitted to the Constitutional Court that jailed Henry Kapoko’s former lover Rudo Tukuza Chitengu is supposed to be arrested for receiving and retaining property reasonably suspected to have been stolen or feloniously obtained.
ACC Chief Investigations Officer Vincent Machila has told the court that Ms Chitengu had no legitimate income to prove how she obtained the properties.
This is a matter where Ms Chitengu has petitioned the Constitutional Court to order ACC to surrender her assets under its seizure.
Ms Chitengu in her petition said in 2009 when Kapoko, then Ministry of Health Chief Human Resource Development Officer was indicted of money laundering, her assets were frozen by the mere fact that she had a child with him.
Ms Chitengu wants the notice of seizure dated December 8, 2017 declared null and void. She is seeking a declaration that the assets, goods, items and money listed in the notice of seizure belong to her.
She also wants an order for damages for deprivation of the use of the assets, goods, items and money which are the subject of the notice of seizure.
The petitioner wants an order compelling ACC to release all the assets, goods, items and money under the seizure. She has cited ACC as the respondent in the matter.
But in its response, ACC stated that the restriction, seizure, confiscation and retention of her properties was lawful as it was done to protect the interest of the State while investigations were on-going as the properties were reasonably suspected to be proceeds of crime and not for the mere fact that the petitioner had a child with Kapoko.
And Mr Machila stated that according to investigations carried out by a joint investigations team comprising officers from the ACC, Drug Enforcement Commission, Zambia Security Intelligence Service and Zambia Police Service, it was established that during the indictable period of October 2007 and February 2009, Kapoko had made several payments to Ms Chitengu from his various company accounts and by way of cash amounts whose source were funds from fraudulent activities.
He stated that the investigation team seized from the petitioner properties: F/382a/231, F/382a/236 both in Ibex hill, flat No.27 Villa Elizabetha, K22, 501, 550 (unrebased), ZAR21, 580 and US$2, 300 as shown by seizure notice No 770.
He however denied that some of the properties listed by Ms Chitengu were not seized under notice of seizure No.770 by DEC.
“That the petitioner is supposed to be arrested and charged with the offences of receiving from Kapoko and retaining property reasonably suspected to have been stolen or feloniously obtained contrary to section 318(a) of the penal code Cap 87 of the laws of Zambia once Kapoko’s appeal against his conviction and sentencing is finalised in the Supreme Court of Zambia,” submits ACC.
