COURT DENIES MALANJI BAIL PENDING APPEAL, ORDERS CONTINUED CUSTODY

Lusaka | February 6, 2026 – The Lusaka Magistrates’ Court has dismissed an application for bail pending appeal by former Minister of Foreign Affairs Joseph Malanji, ruling that he remains in lawful custody as his appeal against conviction and sentence proceeds.

Mr. Malanji was convicted in September 2025 on seven counts of possession of property reasonably suspected to be proceeds of crime, contrary to section 71 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010, and sentenced to four years’ imprisonment with hard labour.

In support of the application, Counsel fir the Applicant argued that the intended appeal raised arguable points with reasonable prospects of success and further contended that there was a risk the Applicant could serve a substantial portion, or the entirety, of his sentence before the appeal is determined. The application also cited concerns relating to the timing of the delivery of judgment and the evaluation of evidence at trial.

The State opposed the application, submitting that bail pending appeal is an exceptional remedy that must be granted sparingly. The State argued that the grounds advanced amounted to a disagreement with the trial court’s factual findings rather than errors of law and did not demonstrate a likelihood of success on appeal. It further submitted that the statutory framework governing appeals before the Economic and Financial Crimes Court ensures expeditious disposal, negating the risk of the Applicant serving a substantial portion of the sentence before the appeal is heard.

In a ruling delivered today, Chief Resident Magistrate Honourable Irene Wishimanga found that the Applicant had failed to establish exceptional circumstances warranting the grant of bail. The Court held that the intended appeal did not disclose strong prospects of success and that the alleged risk of serving a substantial portion of the sentence was speculative. The application was accordingly dismissed.

The State was represented by State Advocates Favour Chishiba Zimba and Chongo Mvula from the General and Appeals Department of the National Prosecution Authority. The Applicant was represented by Makebi Zulu Advocates.