By GRACE CHAILE LESOETSA
INCARCERATED Henry Kapoko’s ex lover ,Rudo Tukuza Chitengu, has filed an application for leave to discontinue the matter before the Constitutional Court in which she petitioned the Anti-Corruption Commission (ACC) to surrender her assets under its seizure.
According to Ms Chitengu’s lawyer, Paul Chiteta of Legal Aide Clinic for Women, the decision to withdraw the matter is because the Constitutional Court has no jurisdiction to hear matters relating to Bill of Rights.
ACC had raised preliminary issue asking the Court to dismiss the matter as it lacked jurisdiction to hear it.
It contended that Ms Chitengu raised issues of her rights being violated.
“The petitioner was guided by the court to make the necessary amendments so as to bring the application properly before court.
That the petitioner was advised of the lack of jurisdictions of the Constitutional court of the Bill of Rights and that the proper court was the High Court of Zambia and she was agreeable to discontinuance and reissue in the proper Court,” Mr Chiteta stated.
He stated that the discontinuance of the matter was by way of consent with ACC.
Ms Chitengu in her petition stated, that in 2003 she was in a relationship with former Ministry of Health Chief Human Resource Development Officer and a child was born from them on August 23, 2007. She said in 2009 when Kapoko 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.