In a letter before action for judicial review to the Attorney General Musa Mwenye,dated 2nd September,2014 authored by his lawyers Eric Silwamba,Jalasi and Linyama Legal Practitioners, and copied to the ACC Director General, Mr Kapoko contends that the action by the ACC implies that he has now forfeited the properties to the Government even before he has been convicted by the Courts.
Mr Kapoko argues that this is clearly illegal as it is contrary to the provisions of Articles 16 and 18 of the Constitution of Zambia Act, Chapter 1, Volume 1 of the Laws of Zambia which offers protection from deprivation of property and the right to secure protection of the law when charged with a Criminal offence respectively.
He states that the procedure and jurisdiction to take over property pursuant to the provisions of the prohibition and prevention of money laundering Act no.14 of 2001 are clearly spelt and that the steps taken by the State are contrary to the established procedure.
Mr Kapoko says from the facts attending the circumstances of the matter it is clear that the purported take-over of his properties is premature and not supported by any statutory or legal basis.
Mr Kapoko has since indicated to the Attorney General through his lawyers his intention to seek judicial review of the decision of the Anti Corruption Commission to take over management of his and control of his properties if the decision is not reconsidered.
The Anti Corruption Commission has taken over management of five seized properties belonging to Mr Kapoko in the wake of the ruling by Principal Resident Magistrate Exornobert Zulu made on 27th August, 2014 in the matter in which he is facing 69 counts of theft, theft by public servant failing to account for possessions reasonably suspected to have been stolen, and money laundering contrary to the laws of Zambia.