By GRACE CHAILE
FORMER Mines Minister, Richard Musukwa and his wife, have sued the Attorney General in the Lusaka High Court, contending that the search and seizure of their properties by the Drug Enforcement Commission (DEC) was illegal.
In a petition filed in the Lusaka High Court, Mr Musukwa alleged that the combined team of officers from Zambia Police, the Office of the President and DEC seized 11 vehicles, a house, four decorative stones and his Maverick short gun serial number MV0204615 calibre 12B.
Mr Musukwa and his wife, Jenala Lungu, petitioned the High Court to declare illegal the said actions by the investigative wing.
Other petitioners include Ms Jacqueline Musukwa, Kumapili Hotel Limited, Mwanangwa Resources Limited, Tachizya Company Limited and Twenty-four seven stands by security limited.
As an interim relief, the petitioners have asked the High Court to grant them a conservatory order against the State by its servants or agents or whomsoever to maintain their status quo.
Among the substantive reliefs was an order that the seizure of their properties without them ever being charged nor tried for any offence related to the Prohibition and Prevention of money laundering Act no.14 of 2001 of the Narcotic Drugs and Psychotropic substances Act no .35 of 2021 both pre and post the seizures violates the petitioners’ rights to a fair trial, jeopardizes and impugns their right to be presumed innocent.
They want the warrants purportedly issued by the DEC Director General quashed and an order of mandamus compelling DEC to return all the properties that were seized.
Mr Musukwa and others are demanding damages for trespass to property, anguish and loss of use of properties.
The petitioners stated that on May 16, 2023, the joint investigative team led by one Silomba Chimwemwe. entered and raided the residence of Mr Musukwa at House no 11, Mopani Avenue Chililabombwe.
Mr Musukwa stated that the officers also raided his farm in Chililabombwe.
He stated that the raid and seizure of his properties was done in their absence.
“They proceeded to the first petitioner’s farm without authority and prepared a defective search and seizure and warrant while on the said property which was by way of a pre signed document,” they stated.
The officers are said to also have searched the properties of Ms Jacqueline, in the late hour of May 16, 2023 and prepared a notice of seizure bearing description of goods as Mapili lodge property and Mwanangwa House in Chililabombwe..
They stated that the entire operation started at 10:00 hours till the early hours of May 17, 2023 around 02:00 hours.
