Citizens have the right to appeal against judgements – Judge Muzenga

By GRACE CHAILE

THE Court of Appeal has made a ruling, declaring that individuals whose properties have been forfeited to the state following a High Court judgement have the right to appeal against the decision.
The ruling was made by Judge Kelvin Muzenga, who has emphasised that parties have an automatic right to appeal to the Court of Appeal when the High Court delivers a final judgement in its original jurisdiction.
According to Section 81 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010, “A person aggrieved by a decision made under this Act, may appeal against such a decision”
“From this provision, it is clear that any party aggrieved with a decision made under the Forfeiture of Proceeds of Crime Act has a right to appeal. It is thus up to that party to choose whether to appeal or not, No restrictions is placed on any party,” Judge Muzenga said.
Justice Muzenga has also clarified that Section 22 of the Court of Appeal Act also confers the right to appeal to the Court of Appeal against a judgement of the High Court or a quasi-judicial body.
However, Judge Muzenga noted that the only restrictions to the right of appeal were found in Section 23 of the Act, which requires leave to appeal in instances where an order is made in chambers by a High Court judge or a quasi-judicial body.
In the case of Ms. Tasila Lungu-Mwansa, former President Edgar Lungu’s daughter, Justice Muzenga found that she did not require leave to appeal.
He therefore granted Ms Mwansa leave to appeal out of time to challenge the forfeiture of her Sinda farm, valued at K8 million.