DEC freezes Daka's bank accounts

DEC freezes Daka's bank accounts
By Namatama Mundia
Thu 02 Feb. 2012, 14:01 CAT

THE Drug Enforcement Commission has frozen Peter Daka's accounts. And Daka has sought judicial review challenging the decision by the DEC to seize his kwacha and dollar bank accounts held by Barclays Bank Zambia Limited, Finance Bank and Investrust Bank.

However, Daka's lawyers from SBN Legal Practitioners have applied for discontinuance of the matter which is before Lusaka High Court judge Annesie Banda-Bobo. Daka, the former science and technology minister in the MMD government of 1805m Ibex Hill, has sued Attorney General Mumba Malila as a party to the proceedings against the State.

According to an application for leave to apply for judicial review pursuant to order 53 of the Supreme Court Practice Rules 1999 UK (White Book) filed on January 11, 2012, Daka contended that the seizure of his accounts on December 30, 2011 was illegal, null and void.

He also sought an order that the notices of seizure be vacated further and alternatively.

Daka wants a court order that the decision by DEC should be quashed.

He said the grounds upon which the said relief was being sought was that the seizure of his accounts was a manifestly clear abuse of power in bad faith and unreasonable.

"The decision of the Drug Enforcement Commission is intended to circumvent the law on due process and presumption of innocence," he said.

However, his lawyers on January 26, 2012 filed a notice of discountenance of the action.

"Take notice that the applicant Daka wholly discontinues this action against the respondent herein," read the notice.

The accounts seized by DEC are account number 1286257 with K1,915,657.01, account number 1101178 with US$780.02, account number 1291382 with K254,741, 485.84, all held at Elunda premier business centre at Barclays Bank.

According to the application for judicial review, the other accounts are number 0095800903019 with K1,661,715.81 at Finance Bank Zambia Limited, account number 0098009030003 overdrawn by US$13.15 at Finance Bank, account number 110110077107013 with K16,500,000 at Investrust Bank Mulungushi branch and account number 11011007710024 with US$34.00 also at Investrust Bank.

And sources have disclosed that security officers want to interview Daka in connection with a US$ 2 million believed to be his.

The sources said investigators had trailed US$ 2 million (K10 billion) believed to be for Daka, hence the decision to ask him to explain.

When contacted over the US$ 2 million, Daka said he had no comment to make and had taken the matter to court.

A number of ministers who served under Rupiah Banda's regime are being investigated for corrupt activities with police having recorded warn and caution statements from some of them.