LUSAKA – Attorney-General Mumba Malila has obtained a freezing injunction to prevent second Republican president Frederick Chiluba and his co-accused to gain access to their assets as indicated in the recent London judgement involving US$41 million.
This is in a case in which the Attorney-General had instituted civil proceedings against Chiluba and 19 others in the London High Court which found them guilty of having conspired to defraud the Government of Zambia and ordered them to pay 85 per cent of what they allegedly misappropriated. Malila obtained a freezing injunction, which seeks to freeze Chiluba’s assets in Zambia and in England.It also seeks to freeze assets of Zambia’s former Ambassador to America, Attan Shansonga and businessman Raphael Soriano.Others are former Zambia Security Intelligence Services (ZSIS) director general, Xavier Chungu, former Finance permanent secretary Stella Chibanda, former Access Financial Services (AFS) director Faustin Kabwe.The injunction states that until further order of the court, the respondents must not remove from England and Wales and in any way dispose of, deal with or diminish the value of any assets whether they are in or outside England and Wales.Among the items not to be tampered with include assets worth US$25 500 000 each for Chiluba, Chungu, Chibanda and Kabwe, while Soriano has assets worth US$20 500 000, Shansonga US$2 220 000 and Nebraska Services with US$73 000.Chiluba has said he will contest the registration of the London Court judgement and its orders so that it could be set aside.The freezing injunction made available to the Times in Lusaka on Wednesday was obtained on May 25 2007 and was dropped at Chiluba’s Kabulonga residence by officials from the ministry of Justice.The injunction also seeks to freeze Chiluba’s pension account at Barclays Bank Long Acres branch and his property at 5 Kanono and 20 Kabinga roads in Ndola respectively or net sale after such property had been sold.For Shansonga, it seeks to freeze his property at 181 Great North Way, Hendon, NW4, England or the net sale money after payment of any mortgages it had been sold at and any amount outstanding to the credit of his bank account numbers 708390839, 908390839 dollar account and 80365955 at Barclays Bank, Portman Square, London.The injunction further seeks to freeze Shansonga’s money standing to the credit of his account number 069860590106 at National wide Building Society, Edgware Road, London, any money standing to the credit of account number 00184093 at Halifax Building Society, any money standing to the credit of account no 068766937/01 Britannia building Society and shares held in Aviva private company.His other property listed is at 61 Jesmondine or its net sale and another one at 11 Kapumpe road, all of Lusaka and any money standing to the credit of dollar and Kwacha accounts held at Standard Chartered Bank of Lusaka, Zambia.Shansonga might lose his shares in MISSL Associates, those in or the assets of De Garnier Holdings or DGH Polyproducts or the proceeds thereof.The injunction seeks to freeze Shansonga’s bank account numbers 51321611 and 51321621 held at Standard Chartered Bank in Jersey and his shares or the assets of Nebraska Services or the proceeds thereof.On Chibanda, the injunction seeks to freeze any money standing to the credit of her account number 430045347 at Standard Bank, One Circular road, Douglas Isle of Man IMI 1SB, any money standing in the credit of account number 409496 at the World Bank and the International Monitory Fund (IMF) staff band.The injunction seeks to freeze Soriano’s shares he holds in Domein Ter Heyde SA, property known as Domein Ter Heyde, Torhoutsesteenwg 620,8200 St-Andries, Bruges, Belgium or any part thereof or the net sale money.The injunction further seeks to freeze any money in Soriano’s account number 380-0187356-23 held at ING Bank, Bruges Belgium, money from his account number 210-0626923-64 held at Fortis Brussels Belgium and money from his account number 101-43007-01-24 held at BCDI Kigali, Rwanda.Respondents have the right to apply to the court to vary or discharge the order but they should first inform the applicant’s solicitors.Chiluba through his spokesperson, Emmanuel Mwamba confirmed receiving the London Court judgement and its order but stressed that he would appeal against its registration locally.”The London Court judgment and its order was delivered to Chiluba at 16:30 hours on June 4, 2007.”I however, express my worry in the manner of service because the judgment and its order was not given to Chiluba or his known agents but it was just left at the gate like an ordinary mail,” Mwamba complained.He added: “Dr Chiluba is aware through his lawyers that the judgment and its order would not take effect until both had been registered with the High Court of Zambia and as such he will contest the registration locally so that it is set aside,” he said.Mwamba said it was not automatic that Chiluba would lose his property as the process of registering the judgement and its order locally was a protracted process.Times of ZambiaMalila obtained a freezing injunction, which seeks to freeze Chiluba’s assets in Zambia and in England.It also seeks to freeze assets of Zambia’s former Ambassador to America, Attan Shansonga and businessman Raphael Soriano.Others are former Zambia Security Intelligence Services (ZSIS) director general, Xavier Chungu, former Finance permanent secretary Stella Chibanda, former Access Financial Services (AFS) director Faustin Kabwe.The injunction states that until further order of the court, the respondents must not remove from England and Wales and in any way dispose of, deal with or diminish the value of any assets whether they are in or outside England and Wales.Among the items not to be tampered with include assets worth US$25 500 000 each for Chiluba, Chungu, Chibanda and Kabwe, while Soriano has assets worth US$20 500 000, Shansonga US$2 220 000 and Nebraska Services with US$73 000.Chiluba has said he will contest the registration of the London Court judgement and its orders so that it could be set aside.The freezing injunction made available to the Times in Lusaka on Wednesday was obtained on May 25 2007 and was dropped at Chiluba’s Kabulonga residence by officials from the ministry of Justice.The injunction also seeks to freeze Chiluba’s pension account at Barclays Bank Long Acres branch and his property at 5 Kanono and 20 Kabinga roads in Ndola respectively or net sale after such property had been sold.For Shansonga, it seeks to freeze his property at 181 Great North Way, Hendon, NW4, England or the net sale money after payment of any mortgages it had been sold at and any amount outstanding to the credit of his bank account numbers 708390839, 908390839 dollar account and 80365955 at Barclays Bank, Portman Square, London.The injunction further seeks to freeze Shansonga’s money standing to the credit of his account number 069860590106 at National wide Building Society, Edgware Road, London, any money standing to the credit of account number 00184093 at Halifax Building Society, any money standing to the credit of account no 068766937/01 Britannia building Society and shares held in Aviva private company.His other property listed is at 61 Jesmondine or its net sale and another one at 11 Kapumpe road, all of Lusaka and any money standing to the credit of dollar and Kwacha accounts held at Standard Chartered Bank of Lusaka, Zambia.Shansonga might lose his shares in MISSL Associates, those in or the assets of De Garnier Holdings or DGH Polyproducts or the proceeds thereof.The injunction seeks to freeze Shansonga’s bank account numbers 51321611 and 51321621 held at Standard Chartered Bank in Jersey and his shares or the assets of Nebraska Services or the proceeds thereof.On Chibanda, the injunction seeks to freeze any money standing to the credit of her account number 430045347 at Standard Bank, One Circular road, Douglas Isle of Man IMI 1SB, any money standing in the credit of account number 409496 at the World Bank and the International Monitory Fund (IMF) staff band.The injunction seeks to freeze Soriano’s shares he holds in Domein Ter Heyde SA, property known as Domein Ter Heyde, Torhoutsesteenwg 620,8200 St-Andries, Bruges, Belgium or any part thereof or the net sale money.The injunction further seeks to freeze any money in Soriano’s account number 380-0187356-23 held at ING Bank, Bruges Belgium, money from his account number 210-0626923-64 held at Fortis Brussels Belgium and money from his account number 101-43007-01-24 held at BCDI Kigali, Rwanda.Respondents have the right to apply to the court to vary or discharge the order but they should first inform the applicant’s solicitors.Chiluba through his spokesperson, Emmanuel Mwamba confirmed receiving the London Court judgement and its order but stressed that he would appeal against its registration locally.”The London Court judgment and its order was delivered to Chiluba at 16:30 hours on June 4, 2007.”I however, express my worry in the manner of service because the judgment and its order was not given to Chiluba or his known agents but it was just left at the gate like an ordinary mail,” Mwamba complained.He added: “Dr Chiluba is aware through his lawyers that the judgment and its order would not take effect until both had been registered with the High Court of Zambia and as such he will contest the registration locally so that it is set aside,” he said.Mwamba said it was not automatic that Chiluba would lose his property as the process of registering the judgement and its order locally was a protracted process.Times of Zambia
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