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News

Witness tells Court that procedure was not followed in the procurement of property in Turkey

This is in a matter where the former Secretary to Treasury Fredson Kango Yamba and former Minister of Foreign Affairs Mr. Joseph Malanji are appearing before Honourble Washimanga on charges of Willful failure to follow procedures contrary to section 34 (2) (b) of the Anti-Corruption Act No. 3 of 2012 and Possession of property reasonably suspected of being proceeds of crime contrary to Section 71(1) of the Forfeiture of Proceeds of Crime Act No.19 of 2010 of the Laws of Zambia..When the matter came up for continued hearing today the 27th February 2023, the prosecution witness Saphira Mutambo Muluti an Auditor from Ministry of Foreign Affairs testified that after meeting the then Permanent Secretary of Ministry of Foreign Affairs, Mr. Ronald Simwinga, she did a desk review of the Accounts in Turkey and discovered some unusual payments. The witness later

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Inter-Agency teamwork bears fruit as k289, 373 and USD 23,000 is forfeited to the state

A joint effort by the Financial Intelligence Centre (FIC), Drug Enforcement Commission(DEC), the Zambia Police Service and the National Prosecution Authority (NPA) has ended in the seizure of K289,373 and USD 23,000 from Double Q Investments Limited. This matter was initiated by the FIC, which quickly flagged suspicious transactions from Vietnam to the Company and its directors. The company failed to respond to queries relating to these transactions by FIC and in turn these issues were relayed to DEC for investigation. The Police’s Interpol liaison led to the discovery that the monies were being transmitted by a Vietnamese national wanted by Interpol for financial crimes committed across various jurisdictions. The DEC swung into action and froze the company accounts pending court determination. The NPA raised the matter in the Lusaka High Court claiming that the monies were proceeds of crime

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DPP takes Silk

Director of Public Prosecutions, Gilbert A Phiri – State Counsel was called to the inner bar on Thursday, 16th February 2023 in the Supreme Court of Zambia. The ceremony completes the process of the attainment of the rank of State Counsel, which was conferred upon him on appointment as Director of Public Prosecutions.Appointment as State Counsel is an office, conferred by the President of the Republic of Zambia that is recognised by the Courts. Members have the privilege of sitting within the inner bar of court, closer to the Judge. Because members wear silk gowns of a particular design, appointment as State Counsel is known informally as receiving, obtaining, or taking silk and SCs are often colloquially called silks.Congratulations to the newest silks in town!!

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High court quashes contempt proceedings against prosecutors

The Mansa High Court has reviewed and reversed the decision of the Mansa Subordinate Court to charge and convict 2 prosecutors of contempt of Court. 3 prosecutors namely Robert Mwondela, Justin Mwanang’ombe and Venatio Phiri, all based at the Luapula Provincial Prosecutions Office at Mansa were charged with contempt in the face of the Court on 8th July 2022 by Honorable Muyunda. In the morning of 8th July 2022, the 3 prosecutors were waiting outside the courtroom for the Magistrate to conclude with her civil matters in order for them to proceed with their prosecution business of the day. Unknown to them the Magistrate concluded the civil cases and begun calling the criminal cases without notifying the prosecutors of the switch in proceedings. The prosecutors noticed this from outside the courtroom and when they rushed in, they were charged with

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International Asset recovery and return of k700, 000 Cash

The NPA has successfully recovered over K700,000 cash which was stolen and laundered by a Mauritian national who was employed by a Zambian based Mauritian Company Forges Tardieu Zambia Limited (FTZ) in Mazabuka district of the Southern province of Zambia. Mr. Dhiraj Dhumputh was employed as a Site Construction Manager by the Company and proceeded to engage in fraudulent activities using fake receipts, invoices and delivery orders. The case was reported to the Drug Enforcement Commission who forwarded the matter to NPA for trial. The NPA launched a 2 pronged, parallel approach in the matter which involved criminal proceeding and civil forfeiture proceedings at the same time. Mr Dhumputh raised defences in both matters, however Honorable Justice Susan Wanjelani found that the money was tainted and forfeited it to the State in the civil proceeding, a similar position was taken

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81 year old man, was acquitted for the offence of Trafficking in Psychotropic Substances

Mr. Tie Mwape, an 81 year old man, was acquitted for the offence of Trafficking in Psychotropic Substances contrary to the Narcotic Drugs and Psychotropic Substances Act No.35 of 2021. Despite being found in possession of Cannabis also known as Marijuana, the senior citizen was acquitted due to a legal technicality. The third schedule of the said Act, provides that a product must have more than 0.3 percent of tetrahydrocannabinol, the active ingredient in Cannabis, to be deemed a psychotropic substance. Due to the qualitative and not quantitative testing methods currently available, the percentage of the tetrahydrocannabinol in the cannabis found on Mr. Mwape could not be presented to the court, resulting in the acquittal.

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Illicit financial flows pose a complex global challenge

Illicit financial flows pose a complex global challenge. Their extraordinary and complex nature necessitates an extraordinary and multifaceted approach to combating them. Consequently, the importance of involving all criminal justice stakeholders in crime prevention, investigation, prosecution, and asset recovery in order to reduce crimes linked to illicit financial flows cannot be over-emphasised.On 10th September, 2021, during the ceremonial opening of the 1st session of the 13th National Assembly, in his address to the National Assembly under the theme “Creating a United, Prosperous and Equitable Zambia; Restoring Economic Growth and Safe-guarding Livelihoods”, His Excellency, the President of the Republic of Zambia indicated a number of Good Governance policy directions that the Government must embark on. The Policy Directions included among other things, the following:

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