A DISMISSED Anti Corruption Commission (ACC) officer has bemoaned director general Roswin Wandi’s failure to respect court orders to return his confiscated properties.
It is alleged that Ms Wandi ignored a court order to give back two motor vehicles to Harry Mwale who was discharged over corruption charges.
Mr Mwale was arrested in 2012 and charged with corrupt practices, two vehicles were seized from him together with K5,000 cash by the Drug Enforcement Commission (DEC).
The court, however dismissed the case and ordered that he be given back his VW Polo registration number AJC 1683, a Toyota Mark II registration number ACH 5688 and K5,000 cash.
Dismissing the case on October 22, last year, Lusaka Magistrate Lameck Mwale said the State had failed to find witnesses against the accused.
According to documents filed in the magistrate court during the week, Mr Mwale said despite several requests to Ms Wandi, the ACC had ignored to honour the said requests.”
“It is in the interest of justice that leave to issue contempt proceedings against Ms Wandi ought to be granted by the court,” he said.
ACC early this month applied to stay commencement of contempt proceedings with a notice to appeal against last year’s order.
But Mr Mwale said ACC’s application was an abuse of the court processes meant to perpetuate deprivation of his properties because it was made eight months after the order to release his property.
He contended that the order to release his property and cash was made on October 22, 2013 and his advocates served the Order and notification of Discharge on February 7, 2014.
Mr Mwale noted that contempt had already been committed from February up to date because Ms Wandi had either failed to challenge the court order or to obey it.
He noted that the prosecutor did not object in October llast year when his advocates applied that the property and the cash be restored to the owner.
“With this background, it is not clear how the State can appeal against the orders which it conceded to on October 22, 2013. I believe that the appeal and application for stay have been made to merely delay the enjoyment of my assets or properties,” he said.
Times of Zambia