Senenga | February 15, 2926 – In a ruling that reinforces Zambia’s commitment to environmental protection, the Senanga Subordinate Court, on February 11, 2926, ordered the forfeiture of a Howo Sino truck (Reg. No. ADE 7492ZM), a trailer (Reg. No. BCE 6819ZM), and 85 Mukusi logs to the State, following a successful conviction-based application by the National Prosecution Authority (NPA).

The case traces back to November 18, 2025, when a joint enforcement team from the Department of National Parks and Wildlife and the Forestry Department intercepted the consignment in Senanga District. Investigators discovered the timber being transported without the required Forestry documentation, loaded on the truck and trailer of AABRICK Zambia Limited.

Two men, Elpidius Chushi (31), the driver of the truck and trailer and his colleague Peter Kalumba (21), were arrested and later charged with Unlawful Possession of Biological Resources, contrary to Section 120(b) of the Environmental Management Act No. 12 of 2011. When arraigned before Magistrate Phenny Chipego Phiri on December 16, 2025, both pleaded guilty. Each was fined K45,000, in default nine months’ imprisonment with hard labour.

Following the conviction, the NPA filed a forfeiture application under Sections 4 and 10 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010 (FPCA), citing the truck, trailer, and timber as tainted property used in the commission of a serious offence.

The company claimed ownership of the vehicles through its Managing Director, Angel Mbilima, and opposed the application, asserting it had no knowledge of the illegal timber transportation. The Court carefully examined the evidence, including vehicle registration certificates, delivery notes, and goods received records, as well as the timing and location of the convoy in relation to the convict’s stated assignments.

While the company provided documentation confirming its ownership of the truck, no proof of ownership was offered for the trailer. Moreover, the Court noted that although the convict’s assignment to deliver a 600-bag fertilizer consignment was documented, there was no evidence to prove the company had prohibited or prevented the truck from being used in the illegal transport of timber.

After reviewing submissions from both parties, Magistrate Phiri concluded that the truck, trailer, and timber were indeed used in the commission of a serious environmental offence, and that the company had not sufficiently demonstrated that it was an innocent third party.

The Court highlighted the prevalence and gravity of illegal timber trafficking in Zambia, noting its dual impact: environmental degradation and loss of revenue critical for national development.
Consequently, the Court granted the conviction-based forfeiture, ordering that the 85 Mukusi logs, the Howo Sino truck, and the trailer be forfeited to the State and conveyed to the Government of Zambia General Revenue through the Forfeiture Fund under the Director of Public Prosecutions and the Attorney General.

The NPA reiterated its commitment to prosecuting environmental crimes and recovering tainted property used in criminal offences. Through its dedicated Environmental and Wildlife Crimes Department, the Authority continues to safeguard Zambia’s natural resources and ensure that perpetrators are held accountable.

The public is reminded that engaging in the illegal harvesting, transport, or trade of biological resources is a serious offence and carries legal consequences, including criminal sanctions and forfeiture of property.