The Economic and Financial Crimes Division of the High Court of Zambia in a judgment delivered on 21st August, 2024 restated the settled international standards on Non-Conviction Based Forfeiture in the case of Anti-Corruption Commission vs. Pittscon Zambia Limited & 7 Others 2022/HPEF/12. The High Court disagreed with the decision of the Court of Appeal in the case of Sydney Mwansa vs. The People (CCZ) Appeal No. 276 of 2021 by distinguishing it on the premise that it did not conform with settled international standards on Non-Conviction Based Forfeiture.  In the Sydney Mwansa case, the Court of Appeal decided that there must be a connection between the property sought to be forfeited and a criminal charge.  On the other hand, the High Court has indicated that it would instead follow the Supreme Court’s decision in the case of The People vs. Austin Liato (No. 291/2014) where the current Chief Justice, Dr. Mumba Malila, SC stated as follows: “The passage of

The People V Emmanuel MoongaCase overviewEmmanuel Moonga was charged with Assault Occasioning Actual Bod ily Harm. He was accused of assaulting his then wife on 24th December, 2023 in Kafue District.On the day in question, he had gone to Zambia Compound to pick up his niece and daughter whom he had earlier taken to the hair salon. He proceeded to Choppies Supermarket where he picked his wife and went home. After they reached home, a quarrel ensued between the convict and his wife. He beat his wife using fists and kicks and as a result she sustained bruises on the neck, head, face and general body pains and became unconscious until on 25th December, 2024 when she regained consciousness at Kafue General Hospital.Legal proceedingsHe pleaded not guilty before Hon Mwaba on 14th March, 2024 in the subordinate court at Kafue. The state called six witnesses in support of its case.SentencingAt the close of the case, Emmanuel Moonga was convicted and

LUSAKA (Zambia), 31 July 2024 – The Chandler Institute of Governance (CIG) conducted its second workshop with the National Prosecution Authority (NPA) from 22 – 30 July 2024. Titled “Leading Positive Culture Transformation,” the workshop aimed to equip 34 senior management leaders and change team members from various provinces in Zambia with the tools and knowledge to drive meaningful change within the organisation. Click here to read more.

The statement made by Mr. John Sangwa, SC, on current efforts to recover illicitly acquired assets is, to be modest, most unfortunate. Coming from a professional who has branded himself as a constitutional lawyer, makes it sad. It was either a deliberate misdirection of his audience, or born out of ignorance of immense proportions. The statements could also not have been made at a worse time when Zambia is undergoing review for compliance with the United Nations Convention against Corruption! In an interview with Diamond TV’s COSTA Programme, Mr. Sangwa, in apparent reference to the Forfeiture of Proceeds of Crime Act, is quoted as having said that there is nothing wrong with the law only that it is being abused. In addition, he contended that there cannot be asset forfeiture unless one is tried and convicted of a criminal offence as the law provides. First, it is difficult to reconcile the contradictory stances; whether the implementation is abusive of an

The Court of Appeal sitting in Ndola on the 12th of August, 2024 has set aside a ruling of a single Judge granting Leave to the former first Lady Esther Lungu to appeal to the Court of Appeal against a ruling of the High Court at the Economic and Financial Crimes Court dated 20th May, 2024. The former first lady sought to appeal to the Court of Appeal against a High Court ruling of the 20th of May, 2024 denying her to adduce oral evidence by calling witnesses she subpoenaed because she did not follow laid down procedure of seeking Leave of the Court before the witnesses could be subpoenaed. The Applicant, Esther Lungu filed Renewed Ex-parte Summons for an Order for Leave to Appeal to the Court of Appeal against the Ruling of High Court. The Applicant served the Director of Public Prosecutions with Renewed Ex- parte Summons despite the court indicating that the matter be heard inter-parte. On

The Executive Director of the National Forensic Authority Brigadier General Professor Lawson Simapuka and his team paid a courtesy call on the Director of Public Prosecutions(DPP) Mr Gilbert Phiri S.C. During the visit the DPP highlighted the importance of forensic science in the investigation and prosecution of criminal cases.The DPP was delighted to learn that the Authority is equipped with state of the art facilities and protocols aimed at ensuring that tests and results rendered by the Authority are of the highest efficacy and credibility. The two heads of institution made commitments to enhance co-operation and collaboration in the field of criminal justice.

Case Overview Mathias Sichilima, a pharmacist employed under the Ministry of Health at Mwachisompola Clinic in Chibombo District of Central Province, stood charged before the Economic and Financial Crimes Court in Kabwe with one count of Theft by Public Servant. It was alleged that on 10th February, 2024, the accused person being an employee of Ministry of Health as a Pharmacist did steal five (05) boxes of septrin medicine valued at K99,000:00 the property of the Government of the Republic of Zambia (Ministry of Health). Legal Proceedings He pleaded not guilty before Hon. Chipasha (RM) and the matter proceeded to trial. He was found guilty as charged. Among the witnesses who testified before court was the taxi driver who narrated how he was booked by the accused person to ferry the said boxes of septrin from the clinic to a nearby farm where at the directive and in the presence of the accused the same property were transferred onto a

The NPA joins the rest of world in commemorating the World Day Against Trafficking in Persons which is observed annually on July 30th.The NPA remains committed to raising awareness about human trafficking and protecting the rights of trafficking victims.

In a significant Judgment delivered on Friday, the 26th July, 2024, Chief Resident Magistrate Davies Chibwili convicted Francis Muchemwa, former commander of the Patriotic Front (PF) youth wing and ZESCO Limited employee, popularly known as Commander Two, on multiple counts of possessing property suspected to be proceeds of crime. This case, prosecuted by the Anti-Corruption Commission (ACC), highlights the court’s commitment to ensuring that crime does not pay. “It is time to send a message to our community that only that which is obtained lawfully will stand and that crime does not pay.” Magistrate Chibwili found that Muchemwa and his companies, Friltech Networks Limited and Altitude Properties, owned properties beyond their legal income. “I am satisfied that the prosecution has proved their case beyond reasonable doubt and I have found them guilty in counts one to six for the offences of possessing property suspected to be proceeds of crime and convict them accordingly,” said Magistrate Chibwili. The court dismissed Muchemwa’s

Recent decisions by the Court of Appeal, Zambia, regarding forfeiture of properties suspected to be proceeds of crime have sparked widespread interest and public attention. The judgments in the cases of Sydney Mwansa and Nathan Mbaya raise important questions on the significance of evidence pertaining to the inability to explain the legitimate source of property in forfeiture proceedings involving proceeds of crime. The relevant facts of the first case, cited as Sydney Mwansa vs. Director of Public Prosecutions, are that a bus conductor who had previously evaded law enforcement officers was found red-handed in possession of a significant quantity of Cocaine. Subsequent investigations revealed that the accused had acquired multiple high value properties. The accused was convicted on two counts of drug trafficking and sentenced to five years’ imprisonment. The Director of Public Prosecutions (DPP) initiated parallel Non-Conviction Based Forfeiture proceedings. The High Court ruled in favour of forfeiting the properties to the State. The convict appealed to the Court