News

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Irene Khan meets with key actors in the justice sector.

On 29th January 2025, the Special Rappourteur on the promotion and protection of the right to freedom of opinion and expression, Ms. Irene Khan held a meeting at National Prosecution Authority with the Attorney General, Mr. Mulilo Kabesha, SC, the Solicitor General, Mr. Marshal Muchende, SC, the Director of Public Prosecution, Mr. Gilbert Phiri, SC and officers from Ministry of Justice and National Prosecution Authority. The Special Rappourteur is in the country and is examining in the spirit of cooperation and dialogue the situation of the rights to freedom of opinion and expression in the context of the mandate of the Special Rappourteur.

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Zambia cracks down on illegal timber trade: Court orders forfeiture of smuggling truck

Siavonga, Zambia – In a significant step toward curbing environmental crimes, the National Prosecution Authority (NPA) has secured the permanent forfeiture of a South African-registered heavy-duty truck used in the illegal trafficking of Mopane wood. Valued at approximately ZMW 2.3 million (USD $82,000), the vehicle was seized while transporting 82 logs of Mopane out of the country. The case stems from the arrest of Takaedza Dzingirai (54), a Zimbabwean truck driver, who was caught by officers from the Department of National Parks and Wildlife (DNPW) at Willizi Truck Park in Chirundu. Found guilty of illegal possession and transportation of Mopane wood, Dzingirai was fined ZMW 20,000 by the Chirundu Magistrate Court for breaching provisions of the Forest Act. Initially, the truck and timber were placed under conditional forfeiture on 30 August 2024, allowing any legitimate owners to come forward. However,

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Court of Appeal Grants State Leave to Appeal in Landmark Forfeiture Case

Lusaka, January, 2025 – The Court of Appeal has granted the State leave to appeal to the Supreme Court in a high-stakes non-conviction-based forfeiture case involving Sydney Mwansa, a bus conductor who is also a convicted drug dealer. The ruling highlights the fact that forfeiture laws apply indiscriminately, cutting across all social and economic classes. Mwansa’s legal troubles began in 2016 when he was arrested for drug-related offences. Investigators uncovered that, despite his modest earnings, he owned substantial assets, including a prime property in New Kasama, a house in Kamwala, and a Girsan pistol. The State argued that his known income was insufficient to lawfully acquire such wealth. In the High Court, Mwansa successfully explained the acquisition of his Kamwala house and pistol, but the New Kasama property raised red flags. Unable to justify its purchase, the court declared it

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ZAF officer denied bail in incest case

Lusaka, 2025 – A Zambia Air Force (ZAF) officer accused of having unlawful carnal knowledge of his biological daughter has been denied bail by the court. The accused, whose identity has been withheld to protect the child victim, appeared before the court today for plea-taking. He pleaded not guilty to the charge. Following the plea, the defence applied for bail, but the State strongly objected this application, citing the risk of interference with witnesses and the severity of the crime seeing as the victim resides within the same household as the Accused person. Upon reviewing the submissions from both sides, the Honourable Magistrate ruled in favour of the Prosecution, denying the accused’s bail application. The court emphasised the seriousness of the allegations and the need to protect the integrity of the ongoing proceedings before court. The matter has since been

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Court Of Appeal Grants Conditional Stay Of Forfeiture Order In Tasila Lungu Case

The latest update in the ongoing forfeiture case involving Ms. Tasila Lungu’s K8 million ranch in Sinda District, Eastern Province, is that the Court of Appeal has granted a conditional stay of execution of the judgment of the Economic and Financial Crimes Court (EFCC). The Court of Appeal is yet to hear the substantive appeal filed by Ms. Lungu, who is challenging the forfeiture ruling. On September 17, 2024, the EFCC ordered the forfeiture of the Sinda property to the State, following findings of unexplained wealth. Investigations had revealed a significant disparity between the value of the ranch and Ms. Lungu’s known legitimate sources of income. Dissatisfied with the ruling, Ms. Lungu filed an appeal before the Court of Appeal, contesting the EFCC’s decision. Awaiting the hearing and determination of her appeal, Ms. Lungu applied to the Court of Appeal

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Upholding Accountability in Tax Compliance: A Landmark Appeal Judgment

The National Prosecution Authority (NPA) welcomes the landmark judgment by the High Court in a case that highlights the importance of integrity and accountability in Zambia’s tax system. The case, involving Kennedy Likomeno (First Respondent) and Liko Industries & Logistics Company Limited (Second Respondent), revolved around allegations of filing fraudulent tax returns to the Zambia Revenue Authority (ZRA), raising critical issues regarding criminal intent and the standard of proof required in tax offences.

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Opening of Criminal Sessions in Kasama

The Kasama High Court Criminal Sessions 2025 officially commenced on Monday, 6th January 2025, at the Kasama High Court.The ceremony was opened by Hon. Justice Matthews Zulu Resident Judge at the Kasama High Court. This year’s sessions are themed “Exploring and Employing Alternative Dispute Resolution Mechanisms in Criminal Cases as a Tool to Counter Delays in the Delivery of Justice.”The Guest of Honor, The Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, S.C., was in attendance and urged the importance of exploring and employing alternative dispute resolution in our legal system. ADR in criminal cases mainly takes the form of Plea Negotiations and agreements otherwise known as Plea Bargaining. He also pointed out that overcrowding in detention facilities is a troubling reality and courts are burdened by heavy caseloads hence the need for plea bargaining. He directed Prosecutors to

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Strengthening Partnerships for Justice: Wildlife Crime Prevention Donates Essential Supplies to NPA Livingstone Office

On December 23, 2024, Wildlife Crime Prevention (WCP) reaffirmed its commitment to fostering effective collaboration with the National Prosecution Authority (NPA) by donating essential office supplies to the Livingstone Office. This generous gesture underscores the shared mission of both institutions in combating wildlife crimes and supporting the administration of justice. The donation, presented by WCP’s Legal Officer, Mr. Edward Banda, included a desktop computer, three 76A HP toners, reams of paper, plain folders, and an assortment of pens. Mr. Banda highlighted the strong partnership between WCP and the NPA Livingstone Office, noting that the donation aims to enhance the efficiency and effectiveness of the office’s operations. Receiving the donation on behalf of the NPA, Southern Province Director, Deputy Chief State Advocate, Mr. Katongo Waluzimba, expressed profound gratitude for the continued support. He emphasized the critical role of such contributions in

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Case comment: SydneyMwansa v. Director of Public Prosecutions (DPP) and Non-Conviction based forfeitureOrders

This was an appeal ((Appeal No.276/2012)) against a non-conviction forfeiture order given by the High Court of Zambia in respect of Lot. Number17922/M, in Lusaka which was ordered to be forfeited to the state. The State had argued that the fact that the appellant had failed to provide a legitimate source of income, accounting for the property, meant that the property was a proceed of crime falling within the meaning of the proceeds of crime as articulated in the Forfeiture of Proceeds of Crime Act No. 19 of 2010. The Court of Appeal allowed the appeal on the grounds that the High Court “occupied itself with whether the appellant, having regard to his income or earnings Was capable of procuring the property in question.” The Court of Appeal deemed this consideration irrelevant in terms of non-conviction-based forfeiture orders.In the Court

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Charting a New Course – Drafting Zambia’s First National Asset Recovery Policy

From 16th to 20th December, 2024, the Inter-Agency Coordination and Cooperation Framework, with support from the International Centre for Asset Recovery (Basel Institute on Governance) and the United Nations Office on Drugs and Crime (UNODC), hosted a workshop at Protea Hotel Safari Lodge in Chisamba. This workshop convened representatives from eight critical institutions – namely, the National Prosecution Authority, the Drug Enforcement Commission, the Anti-Corruption Commission, the Office of the President – Special Division, the Zambia Revenue Authority, the Attorney General’s Chambers, the Accountant General’s Office, and the Bank of Zambia – to collaboratively draft a National Policy on the Recovery and Management of Assets in Zambia. The workshop’s primary objective was to develop a National Policy on the Recovery and Management of Assets. This marks a historic milestone, as Zambia currently has no such unified framework in place. For

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