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News

Opening of Criminal Sessions in Kasama

The Kasama High Court Criminal Sessions 2025 officially commenced on Monday, 6th January 2025, at the Kasama High Court.The ceremony was opened by Hon. Justice Matthews Zulu Resident Judge at the Kasama High Court. This year’s sessions are themed “Exploring and Employing Alternative Dispute Resolution Mechanisms in Criminal Cases as a Tool to Counter Delays in the Delivery of Justice.”The Guest of Honor, The Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, S.C., was in attendance and urged the importance of exploring and employing alternative dispute resolution in our legal system. ADR in criminal cases mainly takes the form of Plea Negotiations and agreements otherwise known as Plea Bargaining. He also pointed out that overcrowding in detention facilities is a troubling reality and courts are burdened by heavy caseloads hence the need for plea bargaining. He directed Prosecutors to consider plea bargaining whenever they are reviewing cases for court.While our courts play a crucial role in upholding justice and

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Strengthening Partnerships for Justice: Wildlife Crime Prevention Donates Essential Supplies to NPA Livingstone Office

On December 23, 2024, Wildlife Crime Prevention (WCP) reaffirmed its commitment to fostering effective collaboration with the National Prosecution Authority (NPA) by donating essential office supplies to the Livingstone Office. This generous gesture underscores the shared mission of both institutions in combating wildlife crimes and supporting the administration of justice. The donation, presented by WCP’s Legal Officer, Mr. Edward Banda, included a desktop computer, three 76A HP toners, reams of paper, plain folders, and an assortment of pens. Mr. Banda highlighted the strong partnership between WCP and the NPA Livingstone Office, noting that the donation aims to enhance the efficiency and effectiveness of the office’s operations. Receiving the donation on behalf of the NPA, Southern Province Director, Deputy Chief State Advocate, Mr. Katongo Waluzimba, expressed profound gratitude for the continued support. He emphasized the critical role of such contributions in addressing resource challenges, particularly in ICT, which is a key enabler of prosecutorial work. “This donation will significantly alleviate some

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Case comment: SydneyMwansa v. Director of Public Prosecutions (DPP) and Non-Conviction based forfeitureOrders

This was an appeal ((Appeal No.276/2012)) against a non-conviction forfeiture order given by the High Court of Zambia in respect of Lot. Number17922/M, in Lusaka which was ordered to be forfeited to the state. The State had argued that the fact that the appellant had failed to provide a legitimate source of income, accounting for the property, meant that the property was a proceed of crime falling within the meaning of the proceeds of crime as articulated in the Forfeiture of Proceeds of Crime Act No. 19 of 2010. The Court of Appeal allowed the appeal on the grounds that the High Court “occupied itself with whether the appellant, having regard to his income or earnings Was capable of procuring the property in question.” The Court of Appeal deemed this consideration irrelevant in terms of non-conviction-based forfeiture orders.In the Court of Appeal’s view what is cardinal is whether the property in issue is tainted property or not. It held that

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Charting a New Course – Drafting Zambia’s First National Asset Recovery Policy

From 16th to 20th December, 2024, the Inter-Agency Coordination and Cooperation Framework, with support from the International Centre for Asset Recovery (Basel Institute on Governance) and the United Nations Office on Drugs and Crime (UNODC), hosted a workshop at Protea Hotel Safari Lodge in Chisamba. This workshop convened representatives from eight critical institutions – namely, the National Prosecution Authority, the Drug Enforcement Commission, the Anti-Corruption Commission, the Office of the President – Special Division, the Zambia Revenue Authority, the Attorney General’s Chambers, the Accountant General’s Office, and the Bank of Zambia – to collaboratively draft a National Policy on the Recovery and Management of Assets in Zambia. The workshop’s primary objective was to develop a National Policy on the Recovery and Management of Assets. This marks a historic milestone, as Zambia currently has no such unified framework in place. For the Zambian people, this means a more transparent, accountable system where the state ensures that recovered assets are quickly put

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NPA Celebrates Excellence at Inaugural DPP’s End-of-Year Awards

The National Prosecution Authority (NPA) marked the end of 2024 with the first ever DPP’s End-of-Year Awards, a celebration of dedication, innovation, and excellence. Attended by senior management and staff, the event highlighted the institution’s milestones and recognised exceptional contributions to its mission. In her opening remarks, the Chief State Advocate, on behalf of DPP Mr. Gilbert A. Phiri SC, applauded staff for their commitment to delivering quality prosecution services despite challenges such as load shedding and resource constraints. She highlighted notable successes, including advancements in Asset Recovery, reduced case backlogs, and the introduction of key policy documents such as the Prosecutors’ Manual, Code of Conduct, and Strategic Plan. The awards honoured two teams for their remarkable achievements: As the NPA looks ahead to 2025, the awards serve as proof to the institution’s commitment to excellence and its resolve to further enhance justice delivery for all Zambians.

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Rising Stars of the National Prosecution Authority: Five Public Proswcutors elevated to the rank and Status of Advocate

The National Prosecution Authority (NPA) is proud to announce that distinguished Public Prosecutors: Joe Phiri; Job Simango; Sikota Mumbula; Salome Tembo; and Malama Chisenga, have been elevated to the esteemed rank of Advocates of the High Court for Zambia (AHCZ). This achievement recognizes their exceptional hard work and resolience in surmounting the Bar Exams. The NPA congratulates Joe, Job, Sikota, Salome, and Malama on this outstanding achievement and wishes them continued success in their careers. Their dedication to the law and the criminal justice sector in particular is truly inspiring, and we have no doubt that they will continue to make a positive impact in the years to come. It is our hope that the stories of these fantastic five serve as an inspiration to everyone contending with admission to the Zambian Bar, to continue in the quest to join the noble rank and profession.

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Zambia takes the helm of SAHOP and ARINSA and wins ARINSA’S awards of excellence

The Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) convened its 2024 Annual General Meeting (AGM) from December 4-6 in Kasane, Botswana, under the theme “Strengthening Regional Collaboration for Effective Asset Recovery.”  This was held on the sidelines of the Southern Africa Heads of Prosecution (SAHOP) Forum first ever in person inaugural meeting! This highly anticipated gathering was co-hosted by the Director of Public Prosecutions (DPP) Mr. Gilbert A. Phiri, SC and the United Nations Office on Drugs and Crime (UNODC). Celebrating 15 years of impactful contributions to combating illicit financial flows and promoting justice, the event brought together representatives from 17 member countries in the southern African region. Since its inception in 2009, ARINSA has grown from just two dedicated asset forfeiture units to 16 specialised offices across the region in 2024. This growth was a focal point of the AGM, which spotlighted ARINSA’s significant achievements. Among the cases highlighted were Botswana’s recovery of assets from the National Petroleum

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NPA Partners with Chandler Institute to Strengthen Governance and Rule of Law

The National Prosecution Authority (NPA) has entered into a strategic partnership with the Chandler Institute of Justice (CIJ) to strengthen transparency, accountability, and the rule of law in Zambia. Director of Public Prosecutions (DPP) Gilbert Phiri, speaking during the signing ceremony of the Memorandum of Understanding, highlighted the partnership’s focus on enhancing the NPA’s institutional capacity. Central to this collaboration is the provision of training in legislative drafting for NPA staff. “This initiative will empower our team with critical skills to promote integrity and good governance effectively,” Mr. Phiri stated, underscoring the importance of equipping staff to meet Zambia’s governance challenges. CIJ Executive Director Ron Chari expressed the institute’s commitment to supporting Zambia’s governance objectives, noting that the partnership aligns with efforts to build a solid foundation for economic growth and poverty alleviation. The collaboration marks a crucial moment for the NPA as it seeks to strengthen its role in delivering justice and upholding the principles of good governance in

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Nigerian Nationals Convicted Over K67 Million Suspected Proceeds Of Crime In Zambia

 On 6th December 2024, Principal Resident Magistrate Ireen Wishimanga, convicted  Adeyinka Adesola Olaoluwe and Margaret Oluwagbemisola Oyewole, both Nigerian nationals—and three corporate entities: WH Energy and Allied Services, Coralstone Investment Limited, and Puregum Shipping Logistics Limited for the offence of being in possession of property reasonably suspected to be proceeds of crime, contrary to Section 71(1) of the Forfeiture of Proceeds of Crime Act No. 19 of 2010. The facts were that between 11th March 2021 and 10th June 2022, the accused were found to have possessed funds totaling ZMW 67 million held in a local Zambian accounts. The funds were determined to be reasonably suspected proceeds of crime. The accused were charged on seven counts, and the Magistrate convicted all accused on all counts. The evidence presented by Senior State Advocate Mukuma Chipawa and State Advocate Nkumbu Kandyata, demonstrated a complex network of financial transactions involving large deposits in diverse foreign currency, rapid transfers, and withdrawals through shell companies.

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NPA’s gender based crime department and the paralegal alliance join hands in victim protection

The NPA and Paralegal Alliance Network (PAN) hosted a successful roundtable discussion on GBV case management and protection orders. The meeting highlighted the critical role of paralegals in supporting survivors by bridging the gap between themselves and prosecutors and ensuring access to justice. Paralegals from around Lusaka attended this milestone meeting. The agenda was dominated by the key issue of Restraining/Protection Orders and how the cooperation could be enhanced to ensure that more was done to ensure victims have access to these remedies. NPA and PAN remain confident that through collaboration, the fight against GBV can be won.

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