The Director of Public Prosecutions (DPP) is yet to serve ex-President Edgar Lungu’s daughter, Chiyeso, with the originating notice of motion where they are seeking non-conviction forfeiture order to the State of her properties valued at K9.3 million
Chiyeso had applied to Court demanding that the proceedings be set aside for irregularity following the DPP’s failure to serve the originating notice of the motion relating to the matter.
This is according to an affidavit in support of summons to set aside proceedings for irregularity filed on July 31, 2023, in the Economic and Financial Crimes High Court.
In a notice of motion relating to Chiyeso filed in June, the DPP, Gilbert Phiri, submitted that despite her being the shareholder and director in Crest Lodge, the only disposable income the company made was K3,237,058.10.
“The known income and known expenditure for the period January 2, 2018 to June 3,2023 was income of K2,143,184.41 against an expenditure of K2,138,920 with a variation of K4,264.13.
“I did a comparison of the known income of K2,143,184.41 against the two properties value at K9,375,438.62 which showed a variation of K7,232,254.49 above the interested party known income,” said the DPP.
Chiyeso claimed to have not had sight nor knowledge of the reliefs endorsed in the said motion.
“That I have been further advised by my lawyers’ which advice I verily believe to be true that as an interested party, I am entitled to not less than one month’s notice from the date of receipt of the originating notice of motion.
“That in the circumstances, I have been advised by my advocates on record that the failure or neglect on the part of the DPP to serve me with the originating notice of motion is an irregularity warranting the setting aside of the originating process,” she said.
The properties in question include two farms with a high-cost house, four chicken runs and three flats in State Lodge, Lusaka, believed to have been acquired between 2013 and 2021.
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