International Asset recovery and return of k700,000 Cash
The NPA has successfully recovered over K700,000 cash which was stolen and laundered by a Mauritian national who was employed by a Zambian based Mauritian Company Forges Tardieu Zambia Limited (FTZ) in Mazabuka district of the Southern province of Zambia.
Mr. Dhiraj Dhumputh was employed as a Site Construction Manager by the Company and proceeded to engage in fraudulent activities using fake receipts, invoices and delivery orders. The case was reported to the Drug Enforcement Commission who forwarded the matter to NPA for trial. The NPA launched a 2 pronged, parallel approach in the matter which involved criminal proceeding and civil forfeiture proceedings at the same time.
Mr Dhumputh raised defences in both matters, however Honorable Justice Susan Wanjelani found that the money was tainted and forfeited it to the State in the civil proceeding, a similar position was taken in the criminal proceedings where Senior Resident Magistrate Stanford Ngobola convicted of Mr. Dhumputh on 16 theft and money laundering charges. Mr. Dhumputh had also unsuccessfully appealed his loss to the Constitutional Court, which case was dismissed.
In the spirit of international cooperation and asset recovery, The NPA intends to return the monies to FTZ and the parties are discussing the modalities of the operation.
!!Crime won’t pay!!
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81 year old man, was acquitted for the offence of Trafficking in Psychotropic Substances
Mr. Tie Mwape, an 81 year old man, was acquitted for the offence of Trafficking in Psychotropic Substances contrary to the Narcotic Drugs and Psychotropic Substances Act No.35 of 2021. Despite being found in possession of Cannabis also known as Marijuana, the senior citizen was acquitted due to a legal technicality.
The third schedule of the said Act, provides that a product must have more than 0.3 percent of tetrahydrocannabinol, the active ingredient in Cannabis, to be deemed a psychotropic substance. Due to the qualitative and not quantitative testing methods currently available, the percentage of the tetrahydrocannabinol in the cannabis found on Mr. Mwape could not be presented to the court, resulting in the acquittal
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Illicit financial flows pose a complex global challenge
Illicit financial flows pose a complex global challenge. Their extraordinary and complex nature necessitates an extraordinary and multifaceted approach to combating them. Consequently, the importance of involving all criminal justice stakeholders in crime prevention, investigation, prosecution, and asset recovery in order to reduce crimes linked to illicit financial flows cannot be over-emphasised.
On 10th September, 2021, during the ceremonial opening of the 1st session of the 13th National Assembly, in his address to the National Assembly under the theme “Creating a United, Prosperous and Equitable Zambia; Restoring Economic Growth and Safe-guarding Livelihoods”, His Excellency, the President of the Republic of Zambia indicated a number of Good Governance policy directions that the Government must embark on. The Policy Directions included among other things, the following:
- restoration of the Rule of Law;
- reviewing of the policy and legal framework for oversight Institutions to enable them to effectively fight corruption and economic crimes;
- increasing funding and enhancing operational independence of oversight Institutions; and
- introduction of specialised fast-track, stolen assets recovery mechanisms and courts for corruption and economic crimes.
It is against this background that the National Prosecution Authority, with support from the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) and the United Nations Office on Drugs and Crime (UNODC) embarked on a process to create a National Task Force comprising Law Enforcement Agencies and other critical stakeholders.
The National Task Force will include the Ministry of Justice, Zambia Police Service, National Anti-Terrorism Centre, Zambia Revenue Authority, Drug Enforcement Commission, Anti-Corruption Commission, Office of the Auditor General, Bank of Zambia, Department of Immigration and the Department of National Parks and Wildlife. The structure for the inter- agency cooperation has culminated in the inter-agency framework which has been launched today.
This Framework aims to support collaboration between competent authorities including, law enforcement and prosecution agencies in tackling serious offences as provided in Forfeiture of Proceeds of Crime Act, corrupt practices (Anti – Corruption Act), money laundering offences, illegal wildlife trade, countering Terrorist Financing, Drug Trafficking, Human Trafficking and other financial related offences with a focus on forfeiture of proceeds or benefits arising from such crimes. It is envisaged that a formalised policy or a formal procedure will help institutions coordinate smoothly, as members of different Agencies will build relationships, share expertise, and work together.
The National Task Force will endeavor to meet the expectations of the Zambian people in the fight against organised crime, corruption and money laundering.
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Ex Minister Kalumba, Jailed For Corruption
Hannock Kasama-The Supreme Court has upheld the conviction of former Finance Minister KATELE KALUMBA and three others who were sentenced to five years imprisonment for corrupt practices.
The three others are former Finance Permanent Secretary STELLA CHIBANDA and former directors of the defunct Access Financial Services FAUSTINE KABWE and AARON CHUNGU.
Chief Justice MUMBA MALILA upheld the five years jail term earlier imposed on the four by the LUSAKA Magistrate Court in 2010.
Justice MALILA quashed the grounds of appeal by Dr. KALUMBA, Mrs. CHIBANDA, Mr.KABWE and Mr. CHUNGU.
Dr. MALILA stated that the grounds have no merit.
He also faulted the submissions by former Directors of Public Prosecution LILIAN SIYUNI to discharge the convicts
Dr. MALILA described the former DPP’s submissions as strange.
He however said the Supreme Court as the highest court in the land has a duty to instill justice in a befitting manner.
This is in a matter where Dr. KALUMBA, Mrs.CHIBANDA ,Mr. KABWE and Mr. CHUNGU were charged with corruption in relation to the payments to a USA security companies Systems Innovation and Wilbain Incorporation involving 20 million dollars between 1997 and 2
00.
The payments served for security installations in strategic government institutions.