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News

The Public Prosecution Office of the Kingdom of Morocco was honoured to host the 17th Africa Prosecutors Association Annual General Meeting and Conference in Marrakech-Morocco.

The timely theme for the conference was Environmental Crime and the role of the judiciary in combating it. Zambia was represented by the Learned Director of Public Prosecutions, Mr. Gilbert A Phiri, SC and Ms. Makumba Gwendolyn Kashishi, Principal State Advocate of National Prosecution Authority. At the AGM, Zambia who has been Treasurer General since 2019 retained its position, whilst the newly elected members of the Executive Committee of APA are Kenya as President, Morocco as Secretary General, 5 Vice Presidents being Namibia, Cameroon, Uganda, Democratic Republic of Congo and Egypt, and the members are South Africa, Mauritius, Mozambique and Angola. The Head Office for the Association, which was previously in Mozambique, now moves to the Kingdom of Morocco. The high-level event created an opportunity for prosecutors from across Africa to share best practices and experiences regarding the theme, and it ran from 10 -12 th July 2024

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Asset Management Training Workshop Held in Lusaka, Zambia at Intercontinental Hotel from 3-5 July 2024

The United Nations Office on Drugs and Crime (UNODC), in collaboration with the National Prosecution Authority’s Inter-Agency Framework on Asset Forfeiture, hosted an inaugural training workshop on Asset Management in Lusaka, Zambia, from 3rd July to 5th July 2024. Officiated by the Attorney General, Mr. Mulilo Kabesha,SC, the workshop drew participants from five provinces and thirteen agencies within the InterAgency Framework, along with other critical stakeholders. This event marked a significant milestone in Zambia’s efforts to enhance asset management practices, with a focus on transparency and accountability. Participants were afforded a unique opportunity to examine Zambia’s current asset management protocols in relation to practices from other jurisdictions in Africa and beyond. Experts from local government agencies and international counterparts from Botswana, Kenya, South Africa, and North Macedonia, shared valuable insights, practical experiences, and discussed challenges and opportunities in asset management. These contributions are poised to significantly inform the development of Zambia’s proposed legislation on asset management. In his opening address,

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DPP SEEKS LEAVE TO APPEAL TO THE SUPREME COURT ON LANDMARK DRUG TRAFFICKING AND FOREX TRADING RULINGS

Lusaka, Zambia – The Director of Public Prosecutions (DPP) has taken a significant step by seeking leave to appeal to the Supreme Court of Zambia (SCZ) against recent Court of Appeal of Zambia (CAZ) decisions. These rulings allowed appeals in two high-profile cases involving drug trafficking and illegal forex trading, sparking considerable public interest and legal debate.The first case, which drew widespread attention, involves a bus conductor accused of drug trafficking. Initially adjudicated by Hon. Mulife (now a Constitutional Court Judge), this case exposed substantial illicit activities. Law enforcement officials caught the accused red-handed with a significant quantity of drugs. Subsequent investigations revealed that the accused had acquired multiple properties using proceeds from his criminal activities. After he was convicted on two of the preferred charges and sentenced to five year’s imprisonment, the DPP, further, initiated Non-Conviction Based Forfeiture proceedings, resulting in the High Court ruling forfeiting the property to the State. However, the convicted Appellant appealed to the Court

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Charity Katanga’s Buses and Funds Forfeited to State Following Conviction Based Forfeiture Case

Lusaka, Zambia, 02.07.2024 -Today, the Lusaka Subordinate Court has ordered the forfeiture of 10 Higer buses and K1,522,005.15 found in the account of Chibeka Express Ltd, following a Conviction Based Forfeiture Application by the State. This comes after Charity Katanga, former Deputy Inspector General of Police, was convicted in February for possessing tainted property. Charity Katanga was handed a three-year jail term on the February 19, this year on charges of possessing 10 Higer buses, valued at K26,282,770, which were found to be proceeds of crime, contrary to Section 71(1) of the Forfeiture of Proceeds of Crime Act (FPOCA) No. 19 of 2010. The buses and funds in the Chibeka Express Ltd account at Stanbic Bank Ndola Main Branch were determined to be tainted properties. Presiding Chief Resident Magistrate at Lusaka Sibordinate Court, Honourable Davies Chibwili found that the funds and buses must suffer the same fate, declaring them forfeited to the state. After the conviction earlier this year, the

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From Pulpit to Courtroom – Pastor John General’s Rape Trial Begins

Today, Pastor John Nundwe, also known as John General, appeared in the Lusaka Magistrate Court before Honourable Amy Masoja to face charges of raping a married woman, in Lusaka.The alleged incident occurred on November 22, 2023. The State, represented by lead counsel Mrs. Monde Muyoba-Chizongo, Senior State Advocate, Mrs. Cynthia-Simwatachela Mwila, State Advocate and Mr. Joe Phiri, Senior Public Prosecutor alleges that Pastor John General violated Section 132 and 133 of the Penal Code, Chapter 87 of the Laws of Zambia, by unlawfully having carnal knowledge of the woman without her consent. At the start of the court hearing, the prosecution applied for an in-camera hearing to protect the victim’s privacy, which was granted in part. The court ruled that the matter would only be heard in camera when the victim testifies. The court further prohibited the media from identifying the victim and anyone connected to her in any media reports. The Prosecution called its first witness, 71-year-old Langson Njungu,

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Witness Tampering AllegationsRock High-Profile Case – *Prosecution Cries Foul

Lusaka, Zambia, 21.06.2024 – A dramatic turn of events has unfolded in the ongoing trial of Fredson Yamba and JosephMalanji, as the prosecution alleged witness tampering and interference by the accused persons. In a riveting courtroom session before Magistrate Hon. Ireen Wishimanga, the trial of Fredson Yamba and Joseph Malanji took a startling turn. Mukelabai Kwaleyela, Senior Investigations Officer of the Anti Money Laundering Investigations Unit, brought grave concerns to light regarding witness interference in the ongoing case. Kwaleyela revealed, “Your honour, I’m facing serious challenges in bringing witnesses to court in this matter.” He detailed incidents where witnesses were allegedly approached and offered money not to testify, leading to considerable setbacks in the trial proceedings. The prosecution, led by Senior State Advocate Mukuma Chilila Chipawa, raised urgent alarms, citing interference by one of the accused, Joseph Malanji, dating back to 2022 in Turkey. Shockingly, even witnesses from government employ expressed discomfort in testifying, citing security concerns. Magistrate Wishimanga probed

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Magistrate Defies Pule’s Recusal Bid, Questions His Choice of Lawyers as Prosecution Triumph

Lusaka, Zambia –Magistrate Sylvia Munyinya has upheld the highest standards of judicial integrity by dismissing Dan Pule’s recusal bid, despite allegations of tribal bias. The court’s ruling reaffirms the judiciary’s commitment to impartiality and justice in Zambia. Pule, the controversial spiritual leader of the United Kwacha Alliance (UKA), had sought to remove Magistrate Munyinya from his seditious case, citing apprehensions of unfair trial due to her ethnic background. However, the magistrate’s firm stand demonstrates the judiciary’s resolute commitment to judicial integrity, even in the face of bias allegations. Magistrate Munyinya’s ruling highlighted the importance of substantiating allegations of bias with convincing evidence, rather than mere suspicions or apprehensions. She stated, “Recusal is a crucial ethical responsibility that a judicial officer must consider carefully, as Section 6 of the Penal Code sets the standards for judicial officers.” The magistrate’s decision to dismiss Pule’s recusal bid is proof to her firm commitment to judicial integrity. By upholding the highest standards of impartiality,

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The NPA Recognised for Excellence at 2024 Africa Public Service Day

Lusaka, Zambia, 23.06.2024 – The National Prosecution Authority (NPA) made a notable impact at the 2024 Africa Public Service Day, securing 2nd place in the highly regarded Service Excellence Awards. This recognition, under the category, “Most Transformed and Innovative Institution,” underscores the NPA’s dedication to modernizing their tools to enhance their operations and in the process also enhance their delivery of prosecution services. Held at East Park Mall in Lusaka, the event’s theme was “Empowering a Citizen-Centric Public Service for an Inclusive and Thriving 21st Century Africa: A Journey of Lifelong Learning and Technological Transformation.” Within this vibrant setting, the NPA’s achievements captured significant attention, marking a crucial moment in their ongoing evolution. The NPA’s success was prominently displayed through their engaging participation at the event. Their booth, adorned in signature blue, attracted a steady stream of visitors eager to learn about the authority’s vital functions. Through informative displays and interactive sessions, the NPA highlighted their role in prosecution and

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THE PEOPLE vs. KK (HR/40/2023)

Case Overview: KK, a child in conflict with the law, was arraigned on one count of murder in 2022. Following a court-ordered age assessment, it was determined that he was a juvenile, and a plea bargain reduced the charge to manslaughter. He was accused of unlawfully causing the death of nine-year-old GL after allegedly defiling her and striking her on the head with a stone when she threatened to report him. Legal Proceedings: KK appeared before the High Court for Zambia’s Children’s Division in Mansa, presided over by Honorable Justice E.P. Sunkutu. He pleaded guilty to manslaughter, contrary to Section 199 of the Penal Code, Chapter 87 of the Laws of Zambia. Sentencing: The court, bound by law to handle the child offender appropriately, ordered K’s detention at Katombora Reformatory Centre until he turns 19. The court also ordered K’s parents to pay a fine of K10,000 within 14 days from June 12, 2024, or serve six months’ simple imprisonment

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Duplicity Claims Raise Eyebrows in Lumezi MP’s Trial

The trial of Lumezi MP Munir Zulu took an unexpected turn yesterday as defence Counsel Macqueen Zaza alleged duplicity in the charges. Munir Zulu, 36, is facing three counts of seditious practices. When the case came up for plea and commencement of trial before Lusaka magistrate Faides Hamaundu, Zaza raised a preliminary issue, submitting that the charge has three counts, all stemming from section 57(1)(b) of the Penal Code as read with section 60. Zaza pointed out that counts one and three charge the accused under section 60(1)(e), while count two charges him under section 60(1)(f), all stemming from the same incident on May 26, 2024, at Cresta Lodge in Lusaka’s Ibex Hill. However, Senior State Advocate Susan Mwamba Besa responded that the indictment is not barred for duplicity, citing the principle of joinder of counts in section 135 of the Criminal Procedure Code. She argued that the charges are legitimate and do not suffer from duplicity, as they were

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