
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








