LUSAKA magistrate Faides Hamaundu has refused to refer to the High Court a case in which former Lusaka Province Minister Bowman Lusambo and his wife Nancy are charged with corrupt acquisition of public property, possession of property suspected of being proceeds of crime, among other offences.

Last week, Lusambo and his wife, through their lawyers, asked the court to refer their case to the High Court for determination of constitutional issues.

The couple argued that it was discriminatory to set up a court like the Economic and Financial Crimes Court for a certain class of people while others were allocated to any other court.

They argued they were entitled to the due process of the law just like any other person, adding that it was discriminatory for them to be tried before the Economic and Financial Crimes Court and not the Subordinate Court.

The state however asked the court to dismiss the application for being frivolous and vexatious.

And delivering her ruling, magistrate Hamaundu dismissed the application for lack of merit, saying she had the jurisdiction to handle the matter as allocated to her, adding that all what mattered was integrity in handling the matters.

She said the Economic and Financial Crimes Court was not the only special court she was sitting on as she also sits on other Fast Track Courts, such as the Gender-Based Court.

“I have struggled to see merit in the application. I see nothing in [this] case which would warrant the reference of the matter to the High Court. The application is refused as it is frivolous and vexatious,” magistrate Hamaundu ruled.

She adjourned the matter to May 3 for mention and May 17 for commencement of trial.

In this matter, Lusambo is facing all the 10 charges, while his wife is only facing four.

In count one, Lusambo is alleged to have between May 10, 2015 and December 31, 2021, in Ndola, on the Copperbelt Province, jointly and whilst acting together with other persons, unlawfully acquired property number L/39876/M in the name of Frontier Management Services Limited, which property was later conveyed to Jignesh Soni at a consideration of K880,000, for his own benefit.

In count two, it is alleged that Lusambo on March 26, 2021 in Ndola, jointly and whilst acting together with another person unknown, possessed K880,000, which he allegedly directed to be deposited in Sylvia Chongo Mutale’s FNB account No. 62346937785 domiciled at Kitwe FNB branch, property reasonably suspected to be proceeds of crime.

In the third count, it is alleged that Lusambo between May 4, 2018 and December 31, 2018 in Lusaka, jointly and whilst acting together with other unknown persons, with intent to evade tax, willfully evaded the payment of property transfer tax to Zambia Revenue Authority (ZRA) in respect of S/D B of S/D no. 2 of S/D A farm no 288a situated in Lusaka, which property was conveyed from Lusambo to Mbachi Nkwazi at a consideration of USD150,000.

In other counts, Lusambo and Nancy are alleged to have between September 1, 2021 and October 31, 2021 in Chongwe, had under their possession House no. 248 situated at Silverest gardens, valued at $60,000, property reasonably suspected of being proceeds of crime.

The couple is also alleged to have possessed US$10,000, property reasonably suspected of being proceeds of crime which was used as part payment for the purchase of House no. 282 situated at Silverest gardens, valued at $128,000.

They are also alleged to have between September 1, 2021, and October 31, 2021 in Chongwe, possessed property number HT: T3-B House no. 249 situated at Silverest gardens, valued at $60,000, reasonably suspected of being proceeds of crime.

The duo pleaded not guilty.