ACC successfully prosecutes, recovers house to State


THE house belonging to former Road Development Agency (RDA) Chairperson Chrispin Mondoloka’s widow, Vivianne which was suspected to have been bought through proceeds of crime has been forfeited to the State.

This followed an order from the court after the Anti-Corruption Commission (ACC) asked the Lusaka High Court to enter judgment in default of defence in a matter it sued Mr Mondoloka’s widow, seeking a forfeiture order in respect of a property which her husband was suspected to have bought through proceeds of crime.

The court through the Deputy Registrar adjudged that Plot Number 3, on Twin Palm Road, Kabulonga in Lusaka be forfeited to the State on failure by the defendant to deliver any defence.

According to an affidavit in support of summons for leave to enter judgment in default of defence filed in the Lusaka High Court Principal Registry, Martha Kashala ACC Senior Legal and Prosecutions officer has submitted that on May 10 this year, Tresford Chikonde a Legal and Prosecutions officer of ACC dully served the writ of summons accompanied by a statement of claim on the defendant’s advocates on July 16 but there was no response from the defendant’s lawyer.

In this matter, the commission stated that on June 29, 2012, it received a report alleging abuse of authority of office against Mondoloka.The said report, according to the ACC, alleged that Mondoloka, whilst working as RDA board chairperson in Lusaka, abused the authority of his office when he influenced the awarding of contracts to Sanyati Construction Limited and China Civil Engineering Construction Corporation Limited.It is also alleged that Mondoloka corruptly solicited and received K750, 000 and K3, 051, 845.44 respectively from the two named companies after they were awarded road construction contracts by RDA under the formula one road projects.

The report further alleged that Mondoloka benefited from the said transactions by buying for himself the said property, using the same money from the said two companies.“The said money was received by Mr Chrispin Luambe Mondoloka through the partnership account of Brian Colquhoun Hugh O’Donnel held with Standard Chartered Bank Plc. The said money was later transferred to Chibesakunda and Company Advocates who were handling the conveyance of the property for and on behalf of the said Mr Chrispin Luambe Mondoloka.“The commission is, therefore, seeking a forfeiture order in respect of the said property as provided for by section 29 as read together with section 31 of the forfeiture of the proceeds of crime Act number 19 of 2010,” the ACC stated.In 2014, Vivianne had asked the Lusaka High Court to quash the warrant of seizure issued by the Anti-Corruption Commission on the said property.Vivianne argued that no investigations into the alleged corrupt practices involving her spouse could be carried out posthumously under the ACC Act.