By Mwaka Ndawa
UPND Katuba member of parliament Bampi Kapalasa’s wife, Fanny Madzi, has sued the state demanding that the police releases her motor vehicle which was gifted to her husband by Minister of Foreign Affairs Joseph Malanji.
Madzi has commenced judicial review proceedings in the Lusaka High Court against the decision by the Interpol theft of motor vehicles criminal investigations department, Zambia police headquarters Lusaka, to seize her Isuzu D-max of registration no.BAP 6744ZM.
She is seeking a declaration that the decision, omission and neglect made by the Zambia police service on December 10, 2020 to seize her motor vehicle is null and void ab initio.
In her affidavit in support of ex-parte summons for leave to apply for judicial review, Madzi explained that in June 2020, Kapalasa gifted her the motor vehicle in question.
She said when she questioned her husband on how he bought the gift, Kapalasa disclosed that it was given to him by Malanji, who is also Kwacha Constituency member of parliament, for the good relationship they shared.
Madzi contended that she had been using the motor vehicle peacefully as an absolute owner for her personal and business activities until the relationship between her husband and Malanji went sour because Kapalasa refused to support the infamous Constitutional (Amendment) Bill no.10 of 2019.
“On December 10, 2020, the theft of motor vehicles, criminal investigations department, Zambia police service headquarters Lusaka, unjustly seized the vehicle,” Madzi contended.
“The motor vehicle was seized on account that my husband got the car on credit from a company called Swift Cargo limited whose proprietor is Goodward Mulubwa and had failed to pay for it.”
She said she asked Kapalasa to be honest on how he obtained the motor vehicle and he maintained that it was a gift from Malanji and he denied dealing with any agent from Swift Cargo or its proprietor.
Madzi stated that upon further inquiry on the happenings, she discovered that Swift Cargo presented a fake sale agreement between itself and Kapalasa which it solely relied on to claim ownership of the motor vehicle.
“From the time the motor vehicle was seized, there has not been any communication and progress on the said matter and that my motor vehicle is depreciating as it is being exposed to the sun and heavy rains,”Madzi said.
“Despite writing to the Zambia police for the temporary release of the motor vehicle which I use for personal and business purposes, there has been no action to have this matter resolved amicably.”
Madzi suggested that if Kapalasa actually obtained the vehicle on credit from Swift Cargo limited, the said company should have sought the right remedies before the correct forum and not using the police to inconvenience, victimise and intimidate her.
She further stated that the conduct by the police is in excess and was unreasonable as it was done in bad faith and malice.
Madzi added that the state will not be prejudiced in any way if leave is granted and the same should operate as a temporary release of the said motor vehicle.
She is further seeking an order of mandamus compelling and directing the police to permanently release the vehicle.