FORMER Secretary to the Treasury, Fredson Yamba, has sued the Anti- Corruption Commission (ACC), alleging that the freezing of his bank account held at Absa Bank PLC is illegal.
According to originating summons filed in the Lusaka High Court on Wednesday, Mr Yamba is seeking an order that the notice of restriction dated March 6, 2023, issued by the Director General of ACC is illegal. He also wants the restriction notice to be immediately reversed owing to its illegality. In an affidavit in support of originating summons, Mr Yamba stated in 2021,he was arrested by the the Commission and charged with the offence of failure to comply with applicable law and procedure.
On the same date, ACC issued a restriction notice on account no . 17-1197910 held with ABSA bank Plc “first restriction notice.”
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The applicant said that after the first notice expired sometime in August, 2022, ACC issued a fresh one which was effected on August 31, 2022.
“That it was expressly stated in the said notice that the respondent was issuing a fresh notice for a final period of six months,” he stated.
Mr Yamba said that after the notice expired in February, 2023, he wrote to the bank seeking access to the said account. The applicant stated he was shocked to learn that ACC had purportedly issued another restriction notice dated March 6, 2023 “third notice” on the same account.
“That I only found out about the third notice via a letter written by ABSA to my lawyers. ABSA also attached the purported notice issued by the respondent,”
“I was never served with the said notice, and neither was it served on my agents which renders the said notice illegal,” he contended.
Mr Yamba argued that there is no provision in the law that allows or permits ACC to issue a third notice after expiry of the final notice (which lasts six months) He stated that the the third notice was therefore illegal.
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