Rainbow Party General Secretary Wynter Kabimba says his party is of the view that the Anti-Corruption Commission has knowledge of the politically well-connected corrupt owner of the 48 houses and that the commission merely used the suspect as a front in this scum.
In a letter to ACC acting Director General Rosemary Nkonde Nkuzwayo dated August 1, Kabimba said if the ACC did not re-open the case within seven days, he would commence judicial review proceedings in the High Court for a writ of MANDAMUS to order ACC to do so.
“I watched and listened to your explanation on the 48 properties seized by ACC with profound dismay and disappointment. The reasons you advanced to convince members of the public for the discontinuance of investigations and subsequent closure of the docket contradicted the facts of the case.
In your explanation you acknowledged the following facts: the number of properties in question (48), the primary suspect who was the title holder of the same. The fact that all properties were occupied by tenants who are now paying rentals to ACC. The primary suspect merely gave a photo copy of his NRC to ‘’someone’’ whose identity has not been established so far. Against these circumstances ACC closed the docket because the suspect disowned ownership of the properties or any knowledge thereof. It was, therefore, your considered view that it would be a futile exercise to prosecute the suspect. Your decision turned you into an investigator, prosecutor and judge in this matter,” wrote Kabimba.
“If indeed, as you stated the properties in question are on title, what then has happened to the presumption under section 33 of the Lands and Deeds Registry Act, Cap 185 of the Laws of Zambia? The section provides that, ‘’A certificate of title shall be conclusive as from the date of its issue and upon and after the issue thereof…………………………………………………’’ The argument you raise that the suspect had no knowledge of the properties in question and the person to whom he gave a photocopy of his NRC should be matters of evidence in court and not for ACC to determine and conclude. Our view as Rainbow Party is that ACC has knowledge of the corrupt owner of these properties who must be well connected politically and hence used the suspect as a front in this scum. In this regard, the decision you have taken to close the case sets a bad precedent in the fight against corruption. In view of the above, unless you re-open the investigations within 7 days from the date hereof, we shall commence judicial review proceedings in the High Court for a writ of MANDAMUS to order ACC to do so.”
Meanwhile, the ACC is set to host a media briefing on the same houses this morning.