THREE people claiming ownership of the infamous 48 houses in Lusaka’s Chalala area, have again gone back to the Lusaka High Court, challenging the forfeiture of the said houses to the State.
The three who have again sued the Anti-Corruption Commission (ACC) want the court to determine, among others, whether the commission did not breach the statutory duty imposed on it by section 60 of the Anti-Corruption Act and Regulation 3 of the ACC (Disposal of Recovered Property) Regulations, 2004 and all other enabling laws, by purporting to proceed to forfeit the properties in question to the State, notwithstanding that there was lodged with the commission a claim by the rightful owners claiming the properties.
Uziel Bashire, Zuberi Bigawa (both Tanzanians) and Charles Loyana, a senior accountant at the Ministry of Finance, last month discontinued a similar matter in which they had sued the ACC seeking declaration that Loyana had and has the requisite power and authority by law in Zambia to purchase, possess and own property in his name for his own benefit or for the benefit of any other person.
They also wanted the court to order that Bashire, a Tanzanian, but currently residing in Norway, had an interest in the properties bought by Loyana and was to be the ultimate beneficial owner of the properties bought, and as such, Loyana as purchaser of the properties should be granted possession of the said properties.
Bashire, Loyana and Bigawa also wanted a declaration that the Notice issued pursuant to the ACC (Disposal of Recovered Property) Regulations, 2004 directed to Loyana and certain other individuals regarding Bashire and Loyana’s properties did not fully comply with the law, was null and void ab initio, and or no longer had effect in light of the rightful owners claiming the properties among other things.
But in the action filed, Tuesday, the three are seeking similar claims as laid out in the matter that was earlier discontinued.