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News

Zambia cracks down on illegal timber trade: Court orders forfeiture of smuggling truck

Siavonga, Zambia – In a significant step toward curbing environmental crimes, the National Prosecution Authority (NPA) has secured the permanent forfeiture of a South African-registered heavy-duty truck used in the illegal trafficking of Mopane wood. Valued at approximately ZMW 2.3 million (USD $82,000), the vehicle was seized while transporting 82 logs of Mopane out of the country. The case stems from the arrest of Takaedza Dzingirai (54), a Zimbabwean truck driver, who was caught by officers from the Department of National Parks and Wildlife (DNPW) at Willizi Truck Park in Chirundu. Found guilty of illegal possession and transportation of Mopane wood, Dzingirai was fined ZMW 20,000 by the Chirundu Magistrate Court for breaching provisions of the Forest Act. Initially, the truck and timber were placed under conditional forfeiture on 30 August 2024, allowing any legitimate owners to come forward. However, after no claims were lodged, the Siavonga Subordinate Court granted a final forfeiture order on 24 January 2025, handing both

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Court of Appeal Grants State Leave to Appeal in Landmark Forfeiture Case

Lusaka, January, 2025 – The Court of Appeal has granted the State leave to appeal to the Supreme Court in a high-stakes non-conviction-based forfeiture case involving Sydney Mwansa, a bus conductor who is also a convicted drug dealer. The ruling highlights the fact that forfeiture laws apply indiscriminately, cutting across all social and economic classes. Mwansa’s legal troubles began in 2016 when he was arrested for drug-related offences. Investigators uncovered that, despite his modest earnings, he owned substantial assets, including a prime property in New Kasama, a house in Kamwala, and a Girsan pistol. The State argued that his known income was insufficient to lawfully acquire such wealth. In the High Court, Mwansa successfully explained the acquisition of his Kamwala house and pistol, but the New Kasama property raised red flags. Unable to justify its purchase, the court declared it tainted and ordered its forfeiture to the State. Mwansa appealed, and the Court of Appeal overturned the forfeiture, ruling that

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ZAF officer denied bail in incest case

Lusaka, 2025 – A Zambia Air Force (ZAF) officer accused of having unlawful carnal knowledge of his biological daughter has been denied bail by the court. The accused, whose identity has been withheld to protect the child victim, appeared before the court today for plea-taking. He pleaded not guilty to the charge. Following the plea, the defence applied for bail, but the State strongly objected this application, citing the risk of interference with witnesses and the severity of the crime seeing as the victim resides within the same household as the Accused person. Upon reviewing the submissions from both sides, the Honourable Magistrate ruled in favour of the Prosecution, denying the accused’s bail application. The court emphasised the seriousness of the allegations and the need to protect the integrity of the ongoing proceedings before court. The matter has since been adjourned to the 12th day of March, 2025 for commencement of trial.

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Court Of Appeal Grants Conditional Stay Of Forfeiture Order In Tasila Lungu Case

The latest update in the ongoing forfeiture case involving Ms. Tasila Lungu’s K8 million ranch in Sinda District, Eastern Province, is that the Court of Appeal has granted a conditional stay of execution of the judgment of the Economic and Financial Crimes Court (EFCC). The Court of Appeal is yet to hear the substantive appeal filed by Ms. Lungu, who is challenging the forfeiture ruling. On September 17, 2024, the EFCC ordered the forfeiture of the Sinda property to the State, following findings of unexplained wealth. Investigations had revealed a significant disparity between the value of the ranch and Ms. Lungu’s known legitimate sources of income. Dissatisfied with the ruling, Ms. Lungu filed an appeal before the Court of Appeal, contesting the EFCC’s decision. Awaiting the hearing and determination of her appeal, Ms. Lungu applied to the Court of Appeal for a stay of execution of the EFCC’s judgment. On January 23, 2025, the Court of Appeal granted her request

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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 Prosecutors 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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