FORMER Energy Regulation Board (ERB) executive director Butler Sitali has dragged the Anti-Corruption Commission (ACC) to court for allegedly seizing his vehicle last year without a warrant and is now seeking a judicial review over the matter.
Mr Sitali, in his affidavit filed in the Lusaka High Court yesterday, accused ACC of abusing its authority as its officers did not have a warrant to seize his vehicle which they have kept since.
“I seek declaration that the decision of the respondent to seize and hold on to my motor vehicle Chevrolet Captiva ABV 1748 without a warrant for six months and without submitting the matter to court is an abuse of its statutory authority and that no reasonable tribunal that properly advises itself would act in the manner that the respondent has acted,” he said.
He was asking the court to declare that the commission’s actions were made in bad faith or improper purpose and it was, therefore, an abuse of its statutory power.
Mr Sitali said the court should declare the decision by the ACC officers to seize his vehicle without a court warrant as illegal.
“The decision of the respondent to seize my motor vehicle without a warrant is illegal, unlawful and unjustified and should be reversed as the same was arrived at without justification and a violation of the statutory procedure stipulated by section 58 of the ACC act number of 3 of 2012,” he said.
Mr Sitali said on numerous occasions including on March 30 this year he asked the commission to avail him the warrant under which his vehicle was seized but the respondent has failed to produce such a document.