By GRACE CHAILE LESOETSA
THE Anti-Corruption Commission (ACC) has sued Ronald Chitotela demanding that the Lusaka High Court sets aside an out of court settlement agreement entered into by the two parties.
Mr Chitotela, a former cabinet minister in the PF government entered into a settlement agreement with ACC for the institution not to commence criminal proceedings against him for the offence of being in possession of property reasonably suspected of being proceeds of crime.
This was after he surrendered the property, subdivision of Lot no.3270/M Ibex Hill, Lusaka, which was in the name of his wife, Lillian Lufupa.
In addition, he paid US$10, 000 as reimbursement for expenses incurred in investigating the matter.
The settlement was signed on June 24, 2019 by the two parties.
But according to originating summons filed in the High Court, ACC seeks an order that the out of court settlement entered into between it and the former minister be set aside.
This is on grounds of misrepresentation and concealment of material facts by Mr Chitotela and that he neither made a full and true disclosure of all material facts relating to past corrupt conduct nor disclosed any illegal activity by himself or others, and for other reasons.
In the supporting affidavit, ACC acting chief legal and prosecutions officer Martin Mayembe, said that on May 4, 2022, they charged Mr Chitotela with two counts of being in possession of property reasonably suspected of being proceeds of crime contrary to section 71 (1) of the forfeiture of the crimes Act no.19 of 2010of the laws of Zambia.
Mr Mayembe said the former minister was however discharged by then Lusaka Magistrate Jennifer Bwalya on the basis that there was no evidence of the said out of court settlement being set aside before commencing the criminal proceedings against him.
He said that in a letter dated September 20, 2019, Mr Chitotela’s wife, Lillian Lufupa requested to be given back the said property surrendered to ACC claiming that she had acquired the property through legitimate sources.
He stated that Ms Lufupa also claimed that she made the substantial developments on the property out of savings arising from her employment and the property bore sentimental value to her.
“That accordingly, the respondent did not fully disclose the property acquired illegitimately or any corrupt activities by him or others as required by the law,” the court papers read.
“That I believe that the respondent misrepresented facts and did not satisfy the requirements of the law to merit an undertaking by the applicant not to prosecute him,” Mr Mayembe said.
