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News

National Prosecution Authority Secures Conviction in Kamono Farming Initiatives Ponzi Scheme Case

The National Prosecution Authority has successfully secured a conviction against Kamono Farming Initiatives Limited and its Director and associates – Funwell Zulu, Enock Chibutu, and Mirriam Soko – for operating an unlicensed banking business and conducting a money circulation scheme, offences under the Banking and Financial Services Act of 2017. This case, which was prosecuted by Senior State Advocate Mr. Mukuma Chilila Chipawa as led prosecutor and Mr. Stephen Sumbukeni from the Drug Enforcement Commission, Anti Money Laundering Investigations Unit (DEC-AMULIU) highlights the Authority’s commitment to upholding financial integrity and protecting the public from fraudulent schemes. The accused were convicted on two counts: operating a banking business without a license, contrary to Section 6(1) of the Act, and conducting a money circulation scheme, in violation of Section 157(1)(a). Kamono Farming Initiatives Limited, the primary corporate defendant, was fined K100,000 on Count 1 and K70,000 on Count 2. Funwell Zulu, Enock Chibutu, and Mirriam Soko, who played integral roles in promoting

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ZRA Officer Jailed 18 Months for Dangerous Driving in Incident Involving Chief Justice

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) of the Road Traffic Act No. 11 of 2002. In count two, he was also fined ZMW 30, 000 for

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Former Immigration Employee Joanna Mumpasha Jailed For Theft Of Public Funds.

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 under-banking practices. Over of K2 million was lost in the scheme, Ms. Mumpasha effectively betraying the trust placed in her

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Deputy Chief State Advocate explains Asset Forfeiture, Recovery

The Deputy Chief State Advocate and Head of the Asset Forfeiture Department , Ms. Margaret Kapambwe-Chitundu, discusses the importance of the Court of Appeal’s landmark decision to grant leave to the Director of Public Prosecutions to argue a determinative case on Asset Recovery before the Supreme Court. The case will set a key precedent for future asset forfeiture matters in Zambia. Ms. Kapambwe also breaks down the fundamentals of asset recovery and its growing role in combatting financial crime.

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DPP granted leave to appeal to the supreme court in asset forfeiture case – the path to clarifiying asset recovery laws

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

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Workshop on Financial Investigations: Best Practices

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

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Zambia’s Representation at the 29th International Association of Prosecutors Annual Conference in Baku, Azerbaijan

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

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Zambia’s Representation at the 29th International Association of Prosecutors Annual Conference in Baku, Azerbaijan

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

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In Pursuit of Justice: Leaving Criminals with No Where to Hide

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),

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Court Orders Forfeiture of Former First Lady’s 15 Luxury Properties

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.

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