Lusaka, Zambia – 13th November, 2024 – The Director of Public Prosecutions (DPP), Mr. Gilbert A. Phiri SC, is challenging a ruling by a single judge of the Court of Appeal regarding an interim matter that emerged after the final judgment in a case where 15 flats belonging to former First Lady, Mrs. Esther Nyawa Tembo Lungu, were forfeited to the state. This legal move emphasises the importance of judicial jurisdiction, particularly concerning interlocutory appeals following a final ruling. The events leading up to the filing of this Motion began on February 14, 2024, when the DPP sought permission from the Economic and Financial Crimes Court, High Court Division (EFCC) to summon two bankers to present evidence. This request was granted on March 11, 2024, and the bankers testified on May 20, 2024, with their records being cross-examined by Mrs.

Abraham Hambayi an Accountant under the Ministry of Education in Isoka district at Isoka Boys Secondary School was arrested and charged with 17 counts of the offence of Theft by Public Servant contrary to section 277 of the Penal Code Chapter 87 of the Laws of Zambia. In addition, he was slapped with 17 other counts of the offence of Forgery contrary to section 348 of the Penal Code Chapter 87 of the Laws of Zambia. The particulars in the first 17 counts were that on a date unknown but between the 2nd day of September, 2023 and the 25th day of October, 2023 at Isoka in the Isoka district of Muchinga Province of the Republic of Zambia, the convict being a person employed in the Public Service as an Accountant under the Ministry of Education did steal various amounts

BACKGROUND Mongu-Western Province: Hon. Justice J. H. Mbuzi has found Davies Chama, first accused person and Brian Dumisani Nyoni, the second accused person with a case to answer and put them on their defence. The two accused persons are charged with one count of Acts intended to Cause Grievous Harm contrary to Section 224(a) of the Penal Code Chapter 87 of the Laws of Zambia. The first accused person is the former Patriotic Front Secretary General and former Minister of Defence. The particulars of offence are that Davies Chama and Brian Dumisani Nyoni on 6th June,2015 at Mulobezi in the Mulobezi District of the Western Province of Zambia jointly and whilst acting together, with intent to maim, disfigure or disable did wound Mushaukwa Mushaukwa. BRIEF FACTS The victim Mr. Mushaukwa Mushaukwa is a cadre for the United Party for National

Luanshya, Zambia – The Luanshya Magistrate Court on the 6th November, 2024 denied former Lusaka Province Minister Bowman Lusambo’s application for bail pending appeal. This decision came after Lusambo was sentenced to two years imprisonment with hard labour for unlawfully wounding political opponents during the 2019 Roan Constituency Parliamentary by-election. The case was skillfully prosecuted by Public Prosecutors Sydney Mwape and Shantembo. Lusambo, also known as “The Bulldozer,” was, however, acquitted of assault occasioning actual bodily harm. During mitigation, Lusambo’s lawyers pleaded for leniency, citing his status as a first-time offender, family man, and public servant. They highlighted his dedication to the country, having served as Minister for Copperbelt and Lusaka provinces, and as a Member of Parliament. The defence team also emphasised Lusambo’s community service, including sponsoring a football team for youths aged 12-18 in Southern Province. However, the

Kabwe, Zambia – Justice Ruth Hachitapika Chibbabbuka yesterday continued hearing the testimony of Emmanuel Simposya, a 24-year-old UPND cadre, who recounted the events that occurred on April 8, 2023, during the Muchinda Ward Council By-Election campaign in the Kamalamba area of Serenje District. The shooting incident left lasting physical and emotional effects on the victims. The case, prosecuted by Director of Public Prosecutions Mr. Gilbert A. Phiri, SC, and Deputy Chief State Advocate Mercy Lungu, Head of the Appeals Department at the National Prosecution Authority, involves Socialist Party President, Dr. Fred M’membe. He faces multiple charges related to the alleged shooting and subsequent assault on the victims. Under cross-examination, Simposya testified how Dr. M’membe, without provocation, fired two shots into the air before advancing towards him and shooting in his direction. The bullet grazed his ear and the side of

Philemon Dyamini, a 30-year-old examinations officer with the Zambia Revenue Authority (ZRA), has been sentenced by the Fast Track Court in Lusaka to a custodial sentence for dangerous driving that caused a serious road traffic incident involving Chief Justice Mumba Malila. The incident, which occurred on August 30, 2024, along Lusaka’s Independence Avenue, left the Chief Justice with severe injuries, necessitating his evacuation to South Africa for specialised medical care. In a statement of facts presented by Public Prosecutor Victoria Mtonga, the court heard that Dyamini, driving a BMW at excessive speed, lost control and collided with the Chief Justice’s official vehicle, a GRZ Mercedes Benz, triggering a multi-vehicle crash. Both the Chief Justice and his driver, Ndlovu Newton, were gravely injured. In count 1, Dyamini was sentenced to 18 months simple imprisonment for dangerous driving, contrary to section 155(1)

On 11th October 2024, Joanne Nsekesha Mumpasha, a former Accounts Assistant at the Department of Immigration, was convicted on 41 counts of Theft by Public Servant. The convict was charged with theft involving over K2 million public funds, alleged to have been stolen over an 18th month’ period from January 2020 to July 2021. Ms. Mumpasha was sentenced to 6 years’ simple imprisonment, a decisive outcome in this case of public funds misappropriation. Case Background: As an Accounts Assistant, Ms. Mumpasha was entrusted with the responsibility of receiving daily collections in cash and cheques from immigration services, which she was expected to deposit at Atlas Mara Bank. However, an audit report in 2020 raised serious concerns about under-banking and unaccounted revenue, leading to a thorough forensic audit. The forensic audit revealed a clandestine scheme of siphoning public funds through deliberate

The Supreme Court of Zambia is set to hear a critical appeal that could significantly impact the country’s asset recovery framework. This follows a rare decision by the Court of Appeal to grant the Director of Public Prosecutions (DPP) leave to challenge its earlier ruling. The case involves the forfeiture of funds tied to unlicensed foreign exchange trading and raises complex legal questions surrounding Non-Conviction Based (NCB) asset forfeiture. At the heart of the case is the issue of how NCB forfeiture should be applied in financial crime cases, particularly those involving offences like money laundering and illegal foreign exchange trading. While such forfeiture is a powerful tool for recovering assets connected to criminal activities, it also raises concerns about ensuring the protection of fundamental rights. The Court of Appeal emphasised the importance of the case, noting that it involves

On October 3rd, a significant workshop on Financial Investigations was held at the Protea Hotel in Livingstone organised by the  EU Global Facility on Anti-Money Laundering and Countering the Financing of Terrorism (GF-AML/CFT). The workshop featured prominent officials such as the Learned Director of Public Prosecutions Mr. Gilbert Phiri SC,the learned Attorney General Mr. Mulilo Kabesha SC, the Inspector General of Police Mr. Graphel Musamba, Director General Drug Enforcement Commission Mr. Nason Banda, Director General Financial Intelligence Centre Mr. Clement Kapalu, the Accountant General, Senior Officials from the Anti-Corruption Commission, the Bank of Zambia, the Zambia Revenue Authority and a diverse group of prosecutors from various institutions, including the National Prosecution Authority. The event aimed to enhance the skills and knowledge of attendees regarding best practices in financial crime investigations. The primary objective of the workshop was to equip prosecutors