Dalitso Lungu seeks to set aside motor vehicles forfeiture proceedings 

By GRACE CHAILE

FORMER President Edgar Lungu’s son, Daliso Lungu, has asked the Economic and Financial Crimes Court (EFCC) to set aside the proceedings in which the Director of Public Prosecutions (DPP) is seeking an order for the forfeiture of his 48 motor vehicles valued at K23 million and real estate properties to the State.

This is a matter in which the DPP, Mr Gilbert Phiri, filed a notice of motion for a non-conviction forefeiture to the State of the properties belonging to Mr Daliso Lungu and his company, Saloid Traders Limited, allegedly believed to have been acquired through proceeds of crime.

But Daliso’s lawyer, Isaac Simbeye of Messrs. Malisa and Partners Legal Practitioners has filed an affidavit in support of summons to set aside originating process for irregularity and to expunge paragraphs of the affidavit for noncompliance with mandatory rules of Court.

Mr Simbeye contended that the “originating notice of motion” filed into court by the DPP substantially suffered from the prescribed originating notice of motion both in form and substance.

He noted that the purported document notice of motion’ does not have the words “Republic of Zambia” nor “Originating Notice of Motion” among other irregularities.

“That the present application is launched seeking an order that the entire process commenced by the DPP be set aside for irregularity and that the cited paragraphs of the affidavit and the uncertified exhibits be expunged for violating mandatory rules of court guiding the preparation of affidavits,” he submitted.

Mr Simbeye contended that should the court find that the document completely departs from the prescribed form, it lacked jurisdiction due to wrong mode of commencement. 

He said in the alternative, should the court find that the non-compliance with the prescribed form from originating notice of motion on the part of the DPP was a mere irregularity, then it should be ordered that it is set aside for irregularity.

Hearing of the application is set for October 25, 2023.

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