By 
The Economic and Financial Crimes Court has ordered the forfeiture of household items and a motor vehicle linked to an Egyptian national who was found to have engaged in business activities in Zambia without a valid permit.
In a judgment, a three-judge panel comprising High Court Judges Susan Wanjelani, Pixie Yangailo, and Vincent Siloka ruled that the property was tainted, having been used in the commission of an immigration offence under Zambian law.
The case was initiated on January 20, 2025, with the State represented by the Director of Public Prosecutions (DPP) seeking the forfeiture of items found in the possession of Mimy Eid Alsyed Abouelnaga.
Read more: Ex-Tourism Minister, Chitotela’s appeal rejected by Economic and Financial Crimes Court
The matter was brought in relation to the provisions of the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
According to an affidavit sworn by immigration investigations officer Shadrick Mwamba, the events unfolded on August 6, 2024, during a routine inspection targeting foreign nationals in Lusaka’s Rhodes Park area.
During the operation, Abouelnaga approached the officers and attempted to market household goods from his Toyota Noah, registration number ALL 8693.
Mwamba narrated that he expressed interest in a blue blanket, which Abouelnaga sold to him for K4,000, payable in instalments.
Following the transaction, officers asked for his national identification.
He presented an Egyptian passport, which indicated that he had entered Zambia on July 30, 2024, as a visitor permitted to stay for 30 days.
However, the endorsement on the passport did not authorize him to engage in business activities.
Upon further inquiry and database checks, immigration authorities discovered that Abouelnaga held only a single-entry visitor visa and was in breach of the Immigration and Deportation Act No. 18 of 2010.
He was consequently charged with conducting a prescribed business without a permit, an offence under sections 54 and 56(1) of the Act.
He admitted to the offence and paid a fine of K2,000. On August 8, 2024, authorities seized the items he had been marketing, which included kitchen appliances, home textiles, and the Toyota Noah.
The State argued that these goods were used in the commission of a serious offence and therefore constituted “tainted property” under the Forfeiture of Proceeds of Crime Act.
An opposing affidavit was filed by Khaled Elsayed, an Egyptian national residing in Lusaka’s Foxdale area, who claimed ownership of the Toyota Noah. He stated that he purchased the vehicle from a Ms. Florence Kabamba on February 25, 2024, and had hired it out to Abouelnaga.
While he admitting that he had not yet changed ownership documentation, he asked the court to exclude the vehicle from the forfeiture list.
However, the bench dismissed his claim, ruling that he had failed to meet the legal threshold required to exempt the vehicle from forfeiture.
The judges noted that under Section 12(2) of the FPOCA, the burden lay with the interested party to demonstrate that the property was not tainted and that he had no knowledge of its unlawful use.
“In light of the above, we are satisfied that the vehicle in question cannot be excluded from the scope of forfeiture. The interested party has not sufficiently displaced the presumption that the property was tainted,” the judgment read.
The court consequently granted the State’s application and ordered the forfeiture of the following to the State:Toyota Noah, air fryer, carpet cleaner, microwave, toilet mat, carpets speaker, sound bars, food mixer and steamer.
Other forfeited items are pressure cooker, general invoice book, curtains, bed sheets, 50 food warmers blue blanket, white blanket, air cooler, 30 serving pots, 21 additional serving pots, dinner set, seven-in-one blender, toaster and a sandwich maker
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments