ACC challenged to return Tedworth properties

Sun, 05 Mar 2017 10:10:41 +0000

By AARON CHIYANZO

THE Anti-Corruption Commission (ACC) should give back the properties they confiscated from Tedworth properties to the rightful owners since they have admitted to an error in the final judgment, says 3rd Liberation Movement president Enock Tonga.

Mr Tonga said that the manner in which Tedworth properties were forfeited to the State by the ACC was confusing and that they was need for the commission to explain exactly why the properties were confiscated.

He explained in an interview with Daily Nation that there was no way the ACC would say that the properties belonging to the former President were proceeds of crime when he was acquitted of all his charges.

Mr Tonga charged that the ACC should give back Tedworth properties to the rightful owners since they had admitted to an error in the final judgment.

He said that the commission should exculpate themselves and explain to the Zambian people exactly why they were still holding on to Tedworth properties if there was an error in the judgement.

Mr Tonga said that when his party forms government in 2021 they would give back Tedworth properties to the rightful owners because they were wrongly confiscated.

“ACC should give back the properties they confiscated from Tedworth to the rightful owners since they have admitted to an error in the final judgment. I don’t see any point why they should continue holding on to them if they are admitting an error” he said.

Meanwhile, ACC has admitted that there was an error in the final Judgment concerning Tedworth Properties Incorporated that saw the forfeiture of its properties to the state.

In skeleton arguments filed before the Lusaka High Court, ACC have submitted by themselves that the inclusion of Mr Justice Jones Chinyama as a part of the quorum that heard and determined the substantive appeal in the matter was an error and accidental.

They said the correct composition of the bench that delivered judgment in the matter included Chief Justice Ireen Mambilima, Justice Royda Kaoma and Justice Charles Kajimanga.

This was in the Notice of motion to raise preliminary issues over the inclusion of Judge Chinyama in the Judgment of ACC vs Tedworth Properties that acknowledged the forfeiture of all unclaimed properties to the State.