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 points of law with considerable public interest. These issues go beyond the specific facts of the case, touching on constitutional

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 with the latest techniques and strategies for investigating and prosecuting financial crimes. As financial offenses become increasingly sophisticated, the need

The National Prosecution Authority (NPA) is proud to have three of its prosecutors representing the country on the global stage at the 29th Annual Conference and General Meeting of the International Association of Prosecutors (IAP) in Baku, Azerbaijan. This international gathering brings together leading legal minds from over 80 countries, providing a platform for discussing prosecutorial challenges and solutions. Representing the NPA at this year’s conference are Ms. Sekelebaka Muwamba, Deputy Chief State Advocate for North Western Province, Mrs. Angelica Kennedy-Mwanza, Principal State Advocate from the Appeals Unit, and Mr. Matumo Mululu, Senior State Advocate from Choma. Their participation reflects the NPA’s commitment to enhancing the prosecutorial profession through global engagement and cooperation. This year’s conference theme, “The Role of the Prosecutor in Upholding the Rule of Law”, provides a timely platform for discussions on maintaining independence within the criminal justice system, the crucial roles of victims and witnesses, and the evolving challenges posed by the digital age. With sessions

The National Prosecution Authority (NPA) is proud to have three of its prosecutors representing the country on the global stage at the 29th Annual Conference and General Meeting of the International Association of Prosecutors (IAP) in Baku, Azerbaijan. This international gathering brings together leading legal minds from over 80 countries, providing a platform for discussing prosecutorial challenges and solutions. Representing the NPA at this year’s conference are Ms. Sekelebaka Muwamba, Deputy Chief State Advocate for North Western Province, Mrs. Angelica Kennedy-Mwanza, Principal State Advocate from the Appeals Unit, and Mr. Matumo Mululu, Senior State Advocate from Choma. Their participation reflects the NPA’s commitment to enhancing the prosecutorial profession through global engagement and cooperation. This year’s conference theme, “The Role of the Prosecutor in Upholding the Rule of Law”, provides a timely platform for discussions on maintaining independence within the criminal justice system, the crucial roles of victims and witnesses, and the evolving challenges posed by the digital age. With sessions

Corruption presents a complex global challenge. Its complexity and multifaceted nature require an extraordinary and multifaceted approach in combating it. Zambia remains resolute in its efforts to combat the corruption at national and transnational level. Its resolve to fight and curb the vice is reflected in its continued active pursuit of the corrupt and corrupt assets at a national, regional and international level. As part of its efforts at combating corruption, Zambia, participated in the just ended fifth plenary GlobE Meeting held in Beijing China from 24th to 28th September 2024. The Zambian delegation was comprised of representatives from the National Prosecution Authority, the Anti-Corruption Commission, the Drug Enforcement Commission and was supported by an expert from the International Centre for Asset Recovery. The delegation was led by the Learned Director of Public Prosecutions, Mr. Gilbert Phiri, who was accompanied by Mr. Nason Banda (Director General DEC), Mrs. Monica Chipanta Mwansa (Ag Director General ACC), Mr. Julius Muraya (ICAR representative),

Lusaka, Zambia – September 27, 2024 In furtherance of Zambia’s asset recovery efforts, the Economic and Financial Crimes Court has ordered the forfeiture of 15 luxury flats valued at ZMW 66 million belonging to former First Lady, Esther Nyawa Lungu, declaring them proceeds of crime. The judgment marks a key moment in the country’s ongoing fight against financial misconduct. Delivered today, the court ruled that the former first lady failed to provide sufficient evidence proving that the properties were acquired through legitimate means. Her assertion that her husband, former President Edgar Lungu, had financed the construction of the flats was dismissed due to the absence of supporting documentation. The Court emphasised the importance of proper documentation in substantiating claims of wealth, stating that the absence of credible evidence would not be tolerated in such cases. This judgment is part of a growing body of jurisprudence in Zambia, establishing a clear precedent for holding public officials accountable for illicit wealth accumulation.

LUSAKA, FRIDAY 27TH SEPTEMBER, 2024. TODAY MARKS A SIGNIFICANT OCCASION IN OUR ONGOING EFFORTS TO COMBAT FINANCIAL CRIMES AND ENSURE THAT CRIME DOES NOT PAY. FOLLOWING A SUCCESSFUL APPLICATION FOR THE FORFEITURE OF PROPERTY, MADE PURSUANT TO THE PROVISIONS OF THE FORFEITURE OF PROCEEDS OF CRIME ACT NUMBER 19 OF 2010 OF THE LAWS OF ZAMBIA, THE NATIONAL PROSECUTION AUTHORITY (NPA) IN COLLABORATION WITH THE DRUG ENFORCEMENT COMMISSION (DEC), IS PROUD TO ANNOUNCE THE OFFICIAL TAKEOVER OF ESTHER NYAWA TEMBO LUNGU’S PROPERTY NO. 9334/1, 9334/2, 9334/3 AND 9334/4 CONTAINING 15 DOUBLE STOREY FLATS IN STATE LODGE THAT WERE TODAY FORFEITED TO THE STATE BY THE ECONOMIC AND FINANCIAL CRIMES COURT. ASSET FORFEITURE IS A CRUCIAL TOOL IN OUR COLLECTIVE FIGHT AGAINST CRIME. IT SENDS A CLEAR MESSAGE THAT ILL-GOTTEN GAINS WILL NOT BE TOLERATED AND THAT CRIMINALS WILL NOT BENEFIT FROM THEIR ILLEGAL ACTIVITIES. BY SEIZING AND TAKING OVER THESE PROPERTIES, WE ARE DEPRIVING CRIMINALS OF THE FRUITS OF THEIR

In a judgment delivered on 17th September, 2024, the Economic and Financial Crimes Court ordered the forfeiture of a ZMW 8 million farm in Sinda District, owned by Tasila Lungu, a Member of Parliament for Chawama constituency in the Lusaka District and daughter of former President Edgar Lungu. The Court concluded that the property was tainted by unexplained wealth as investigations revealed a significant discrepancy between Tasila Lungu’s income and the value of the farm. This case, which has garnered national attention, is a striking example of the government’s resolve to pursue asset recovery and ensure accountability in property ownership. The Court’s judgment was based on evidence showing that the property was unlawfully acquired, with Tasila Lungu unable to justify the purchase and development of the farm based on her legitimate income. The Court found that from 2015 to 2021, Tasila Lungu’s documented income amounted to only ZMW 154, 200, an amount far short of what would be required to

The afternoon session of the 2nd Annual Prosecutors Conference has been nothing short of electrifying! Delegates were treated to thought-provoking presentations. Key highlights of the afternoon presentations include, “The Marriage Amendment Act No.13 of 2023: Implications on the Offence of Child Marriage and Defilement in Zambia presented by various prominent speakers including His Royal Highness Chief Chamuka of the Chamuka Royal Establishment and “Perspectives from the Appellate Courts on Case Management and Presentation” by Honourable Justice Chalwe Mchenga-Deputy Judge President Court of Appeal. “A Successful appeal depends on a successful prosecution” Justice Chalwe Mchenga The Prosecutors’ Conference has come to a close, leaving attendees inspired and equipped with new knowledge and connections to enhance their prosecutorial work. The event brought together local and international Prosecutors from Kenya, Malawi, Zimbabwe, Eswatini, Tanzania and Namibia that will definitely not be leaving the conference the same. In the same vain, the Prosecutors were treated with excellent presentations from various high level sources on