Ndola, Zambia, 04.03.2025 – In a long-awaited sitting, the Supreme Court reconvened in Ndola today, to hear a slate of appeals, including a case led by Director of Public Prosecutions (DPP) Mr. Gilbert A. Phiri SC. The rare sitting, held after an extended break, injected fresh momentum into the country’s top court, drawing keen attention
from legal minds and observers alike. It also reignited debate in legal circles about judicial access in a system where fewer than 5% of appeals ever reach the apex bench.
Among the cases before the court was the State’s appeal in the matter of The Director of Public Prosecutions versus Nathan Mbaya and two others. The case, one of only eleven granted leave to appeal last year, traces to a 2021 border sting near Kasumbalesa, where Zambian authorities intercepted a Chinese national, a Congolese trader, and a Zambian intermediary allegedly swapping currencies without a licence. The High Court ordered that the seized cash be forfeited to the State, but the Court of Appeal reversed the ruling last year, arguing the State failed to link the funds to criminal activity.
Determined to challenge the precedent set by that ruling, the DPP pursued and secured leave to appeal to the Supreme Court, raising crucial questions on asset recovery law.
With the Supreme Court having infrequently sat in recent years due to limited appeals, today’s proceedings carried an air of significance. As the court deliberates, the outcome of this case could have far-reaching implications for Zambia’s approach to forfeiture and financial crime enforcement.