A Chinese businessman has moved to block the government’s attempt to seize timber and other assets belonging to his company, arguing that the offenses he is charged with do not justify forfeiture.
Wang Xuexin, a director at Sena Plus Investments Limited, has filed a preliminary application before the Economic and Financial Crimes Division -High Court, seeking the dismissal of the Director of Public Prosecutions’ (DPP) bid to forfeit 1,898 Mopane logs, 152 Mukwa logs, 19 Mupapa logs, and various equipment, including trucks and wood misers, to the state.
In his affidavit, Wang contended that while he was charged with illegal possession of forestry produce and mixing marked and unmarked timber,offenses under the Forests Act,these do not constitute “serious offenses” under the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
He argued that the law only permits forfeiture for property linked to serious crimes and claims the state’s application is therefore misplaced.
Wang’s contended that the court lacks jurisdiction to grant forfeiture based on the charges laid against him.
They cited past legal precedents, including Competition and Consumer Protection Commission v. Omina Fertilizer Zambia Limited & Another (2017), where the Supreme Court ruled that a court cannot issue orders if it lacks jurisdiction.
The DPP, Gilbert Phiri, maintained that the seized assets were “tainted property” connected to illegal forestry activities.
