By GRACE CHAILE
“I BOUGHT the State Lodge property which the Director of Public Prosecutions (DPP) wants forfeited to the State using the K3 million my parents gave me,” former President Edgar Lungu’s daughter, Chiyeso Lungu, has submitted to Court.
Ms Chiyeso has contended she owns the properties and do not form proceeds of crime as they were lawfully bought with legal and traceable sources of income.
“It is not a crime for responsible parents to support their children in the manner my parents have consistently done. I had no and still have no reasonable basis to suspect or doubt my parents’ capacity to raise K3 million, which they availed me for purchasing the first property. The present matter falls within the category of malicious prosecution or abuse of court process,” Chiyeso submitted.
In this matter, the DPP alleged that according to investigations by the Drug Enforcement Commission (DEC), Ms Chiyeso, a lawyer, owned two farms with a high-cost house, four chicken runs and three flats in Lusaka’s State Lodge area, property worth K9, 375, 438.62, and acquired between 2013 and 2021,
The DPP also stated that a probe at Zambia Revenue Authority (ZRA) showed that the former President’s daughter never declared any tax income and her company, Crest Lodge, on property no. LUS /38478, off Twin Palm Road in Ibex Hill in Lusaka, declared VAT amounting to K14, 306, 103.87 and also declared rental income amounting to K375, 000.
He said the value of the seized property was way beyond her known income.
Ms Chiyeso has however opposed the DPP’s application describing it as an abuse of court process.
According an affidavit in opposition to the application for non-conviction-based forfeiture order filed in the Economic and Financial Crimes Court, Ms Chiyeso said she bought the piece of land in extended 2.2268 hectares more or less being Lot no. 9390/M at a cost of K3, 000, 000 in April 2017.
She submitted that told the DEC investigations officer, Emmanuel Khondwe that the purchase of the first property was paid by my parents Edgar and Esther Lungu but he decided to conceal the information.
Ms Chiyeso said her father was an accomplished lawyer who had worked for various institutions before becoming Head of State.
“Throughout my childhood during which I had no income earning capacity, I have continued access to various facilities and material possessions such as quality education, clothing, paid medical care, recreation and safe and clean housing which have all been above my earning capacity, all of which has been as a result of my parents’ financial ability to support my livelihood,” she said.
She said at the time she bought the first property, it was already developed with improvements being referred to as “high-cost house” and the four chicken runs.
“I have not built any flats on the second property. Depositions by Khondowe alleging that I have built three flats on the second property are either emanating from poor or incoherent investigations or are designed to create misrepresentations before this court,” she said.
Ms Chiyeso stated she acquired the second property in 2019 after applying to the Ministry of Lands and Natural Resources and Environment and was allocated the piece of land in front of the first property on August 20, 2020 and given offer letter upon payment of K5, 639.68.
“This court is urged to hold that the DPP’s application has failed to outline what offence was committed by Chiyeso in connection with the properties sought to be forfeited to the State and as such the court’s powers under Section 29 and 31 of the FPOCA cannot be invoked. Such an application cannot stand premised on feelings but on the facts placed on record,” she said.
