Non conviction forfeiture of proceeds law unconstitutional – Sean Tembo

By BARNABAS ZULU

THE laws governing the forfeiture of properties suspected to be proceeds of crime are unconstitutional, according to Mr. Sean Tembo, the spokesperson for the Tonse Alliance and leader of the Patriots for Economic Progress (PEP).
Mr. Tembo, speaking on Let the People Talk on Radio Phoenix yesterday, criticised the Economic and Financial Crimes Court for relying on these laws, arguing that they violate constitutional principles.
“The law on the forfeiture of properties suspected to be proceeds of crime is based on mere suspicion, not in accordance with the constitutional requirements that one is guilty beyond reasonable doubt,” Mr. Tembo said.
He expressed concerns that the current legal framework allows for property seizures without proper evidence of guilt, undermining the constitutional right to due process.
He called for a shift towards fairness, emphasizing the need for the country to adopt a more just and transparent approach to governance and law enforcement.
“So they can come to your house, and say you cannot afford this, and meanwhile you worked for it,” Mr. Tembo said.
“In my view, in conclusion, as a nation, if we want to make progress, we need to develop a sense of fairness.”
Mr. Tembo stressed the importance of fairness for Zambia’s long-term growth and stability.
“We are all people, we are all Zambians. We need to have a sense of fairness. When something which is unfair is happening to you, even if it is not affecting me as Sean Tembo, I should be able to stand up and say, no, wait a minute, what you are doing is unfair, it is wrong.”
Mr. Tembo warned that without a fair and just society, Zambia risks repeating a cycle of division and poor governance.
“We are going to keep on fighting one another for no good reasons, we are going to keep on changing government and continue fighting one another and sending one another to prison for no good reason. 50 years, 100 years from now, our economy will be nowhere. Our levels of poverty will be very high.” He cited other African nations, such as Zimbabwe, Botswana, and Namibia, which have made strides in development.
“Meanwhile, we will keep admiring our friends in other countries and say that they are doing and we are not, why? Because we don’t have the right values as citizens.”
Mr. Tembo called for the cultivation of values that promote national unity and development. “Let us develop the right values in order for us to develop this country,” he said.