Businessman Kasanda cannot claim legitimacy of his property – State
THE State has retorted that gold dealer Shadreck Kasanda cannot claim that his wealth is as clean as the late KK’s handkerchief, before he is exonerated in investigations or criminal proceedings that may be instituted against him.
It says Article 16(2)(t) of the constitution allows law enforcement officers to seize property for purposes of investigations.
Kasanda has petitioned the State before the Economic and Financial Crimes Court seeking an order that it be compelled to give him back his fully furnished extravagant house in Lusaka’s Ibex Hill and posh vehicles seized by the DEC.
He argued that his house was acquired through legal means and the officers cannot grab it from him and deny him comfort.
Kasanda stated that after the gold gate scandal at Kenneth Kaunda International Airport, DEC officers deprived him of his property rights when they seized his fancy house on suspicion, without concrete evidence.
The businessman lamented that his right to privacy was violated as the officers entered his premises without obtaining a search warrant from a magistrate.
Kasanda is seeking a declaration that the DEC has no powers to seize his house.
He wants the EFCC to declare that the confiscation of his house and cars was illegal.
In its answer to the petition the State says the purpose of seizing Kasanda’s Ibex Hill house and Porsch cars was to inquire into suspicions of tax evasion and money laundering, and does not amount to repossessing them as the property may later be returned to him depending on the outcome of the investigations.
The State says the search conducted at his house was within the law and officers of the Drug Enforcement Commission, executed the same with a search warrant which was issued pursuant to Section 52 of the Narcotic Drugs and Psychotropic Substances Act no.35 of 2021.
“Officers from the DEC had reasonable grounds to suspect that on the petitioner’s premises, there was concealed or deposited property liable to seizure, hence moving in under the authority of the said search warrant,”the State submitted.
“Investigations revealed that there was an element of fraudulent dealing in minerals,and tax evasion on the part of Kasanda and his company, prompting the officers to believe that the property was derived or acquired from proceeds of crime, as fraudulent dealing in minerals without a license, and tax evasion are both predicate offences of money laundering.”
It added that it did not breach the law and Kasanda is not entitled to any of the reliefs sought.
By Mwaka Ndawa
Kalemba
GET MORE NEWS UPDATES
