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ACC seizes property belonging to former Gender Minister

• The seizure follows investigations the Commission is conducting.
• It has emerged that the property which was designated for construction of a clinic, was corruptly acquired.
• This is contrary to Section 34 (1) of the Anti-Corruption Act of No. 3 of 2012.

Anti-Corruption Commission (ACC) has seized a property belonging to former Minister of Gender in Silverest area of Chongwe district.
Speaking at a Media briefing, Commission Spokesperson Queen Chibwe said the seizure follows investigations ACC is conducting where it has emerged that the property which was designated for construction of a clinic, was corruptly acquired by Elizabeth Phiri contrary to Section 34 (1) of the Anti-Corruption Act of No. 3 of 2012.
Mrs. Chibwe stated that Mrs. Phiri has since erected two-story house on the Plot which was originally earmarked for construction of a government clinic for the Silverest Community in Chongwe district, which the Muslim Community supported by donating and sinking a borehole on the plot.
“In 2010, the government had designated the said plot for a clinic but to date, the Silverest community does not have a health facility in the area,” Mrs. Chibwe revealed.
She added that the Commission has since recorded a warn and caution statement from Mrs. Phiri and investigations into the matter are on-going.
According to Section 34 (1) of the Anti-Corruption Act of Number 3 of 2012, it is an offence for any person to acquire any public property and divert it from its intended use or purpose for their benefit or the benefit of other individuals
Meanwhile, Mrs. Chibwe has disclosed that the Commission will appeal the Magistrates’ Court decision following a ruling to discharge former Minister of Housing and Infrastructure Development and current Member of Parliament for Pambashe Constituency, Ronald Chitotela from two counts of possession of property reasonably suspected to be proceeds of crime.
She states that while the Commission respects the court’s decision to hold that the accused person is immune from being prosecuted based on a settlement agreement he signed with the ACC in 2019, it is totally dissatisfied with the decision.
“To this end, the Commission will immediately exercise its right to appeal the decision on the basis that, among others, a settlement agreement under section 80 of the Anti- Corruption Act Number 3 of 2012 is only tenable when an accused person has fulfilled two conditions, and these are:”
“He/she has given a full and true disclosure of all material facts relating to past corrupt conduct and an illegal activity; He/she has voluntarily paid, deposited, or refunded all property the person acquired through corruption or illegal activity,” she stated.
Mrs. Chibwe added that ACC believes that the conditions set in the Act under Section 80 were not fulfilled by Mr Chitotela.
“The Commission is fully persuaded and eager to appeal this matter so that the issues surrounding section 80 of the Anti-Corruption Act Number 3 of 2012 and the conduct and obligations of the parties in a settlement agreement are fully adjudicated upon,” Mrs. Chibwe said.
Principal Resident Magistrate, Honourable Jennifer Bwalya has today discharged Mr Chitotela from the two counts of possession of property reasonably suspected to be proceeds of crime which Mr Chitotela was facing before Court on grounds that the immunity granted to him was still in force arising from the settlement agreement with the Commission.

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