In a significant Judgment delivered on Friday, the 26th July, 2024, Chief Resident Magistrate Davies Chibwili convicted Francis Muchemwa, former commander of the Patriotic Front (PF) youth wing and ZESCO Limited employee, popularly known as Commander Two, on multiple counts of possessing property suspected to be proceeds of crime. This case, prosecuted by the Anti-Corruption Commission (ACC), highlights the court’s commitment to ensuring that crime does not pay. “It is time to send a message to our community that only that which is obtained lawfully will stand and that crime does not pay.” Magistrate Chibwili found that Muchemwa and his companies, Friltech Networks Limited and Altitude Properties, owned properties beyond their legal income. “I am satisfied that the prosecution has proved their case beyond reasonable doubt and I have found them guilty in counts one to six for the offences

Recent decisions by the Court of Appeal, Zambia, regarding forfeiture of properties suspected to be proceeds of crime have sparked widespread interest and public attention. The judgments in the cases of Sydney Mwansa and Nathan Mbaya raise important questions on the significance of evidence pertaining to the inability to explain the legitimate source of property in forfeiture proceedings involving proceeds of crime. The relevant facts of the first case, cited as Sydney Mwansa vs. Director of Public Prosecutions, are that a bus conductor who had previously evaded law enforcement officers was found red-handed in possession of a significant quantity of Cocaine. Subsequent investigations revealed that the accused had acquired multiple high value properties. The accused was convicted on two counts of drug trafficking and sentenced to five years’ imprisonment. The Director of Public Prosecutions (DPP) initiated parallel Non-Conviction Based Forfeiture

The timely theme for the conference was Environmental Crime and the role of the judiciary in combating it. Zambia was represented by the Learned Director of Public Prosecutions, Mr. Gilbert A Phiri, SC and Ms. Makumba Gwendolyn Kashishi, Principal State Advocate of National Prosecution Authority. At the AGM, Zambia who has been Treasurer General since 2019 retained its position, whilst the newly elected members of the Executive Committee of APA are Kenya as President, Morocco as Secretary General, 5 Vice Presidents being Namibia, Cameroon, Uganda, Democratic Republic of Congo and Egypt, and the members are South Africa, Mauritius, Mozambique and Angola. The Head Office for the Association, which was previously in Mozambique, now moves to the Kingdom of Morocco. The high-level event created an opportunity for prosecutors from across Africa to share best practices and experiences regarding the theme, and

The United Nations Office on Drugs and Crime (UNODC), in collaboration with the National Prosecution Authority’s Inter-Agency Framework on Asset Forfeiture, hosted an inaugural training workshop on Asset Management in Lusaka, Zambia, from 3rd July to 5th July 2024. Officiated by the Attorney General, Mr. Mulilo Kabesha,SC, the workshop drew participants from five provinces and thirteen agencies within the InterAgency Framework, along with other critical stakeholders. This event marked a significant milestone in Zambia’s efforts to enhance asset management practices, with a focus on transparency and accountability. Participants were afforded a unique opportunity to examine Zambia’s current asset management protocols in relation to practices from other jurisdictions in Africa and beyond. Experts from local government agencies and international counterparts from Botswana, Kenya, South Africa, and North Macedonia, shared valuable insights, practical experiences, and discussed challenges and opportunities in asset management.

Lusaka, Zambia – The Director of Public Prosecutions (DPP) has taken a significant step by seeking leave to appeal to the Supreme Court of Zambia (SCZ) against recent Court of Appeal of Zambia (CAZ) decisions. These rulings allowed appeals in two high-profile cases involving drug trafficking and illegal forex trading, sparking considerable public interest and legal debate.The first case, which drew widespread attention, involves a bus conductor accused of drug trafficking. Initially adjudicated by Hon. Mulife (now a Constitutional Court Judge), this case exposed substantial illicit activities. Law enforcement officials caught the accused red-handed with a significant quantity of drugs. Subsequent investigations revealed that the accused had acquired multiple properties using proceeds from his criminal activities. After he was convicted on two of the preferred charges and sentenced to five year’s imprisonment, the DPP, further, initiated Non-Conviction Based Forfeiture proceedings,

Lusaka, Zambia, 02.07.2024 -Today, the Lusaka Subordinate Court has ordered the forfeiture of 10 Higer buses and K1,522,005.15 found in the account of Chibeka Express Ltd, following a Conviction Based Forfeiture Application by the State. This comes after Charity Katanga, former Deputy Inspector General of Police, was convicted in February for possessing tainted property. Charity Katanga was handed a three-year jail term on the February 19, this year on charges of possessing 10 Higer buses, valued at K26,282,770, which were found to be proceeds of crime, contrary to Section 71(1) of the Forfeiture of Proceeds of Crime Act (FPOCA) No. 19 of 2010. The buses and funds in the Chibeka Express Ltd account at Stanbic Bank Ndola Main Branch were determined to be tainted properties. Presiding Chief Resident Magistrate at Lusaka Sibordinate Court, Honourable Davies Chibwili found that the funds

Today, Pastor John Nundwe, also known as John General, appeared in the Lusaka Magistrate Court before Honourable Amy Masoja to face charges of raping a married woman, in Lusaka.The alleged incident occurred on November 22, 2023. The State, represented by lead counsel Mrs. Monde Muyoba-Chizongo, Senior State Advocate, Mrs. Cynthia-Simwatachela Mwila, State Advocate and Mr. Joe Phiri, Senior Public Prosecutor alleges that Pastor John General violated Section 132 and 133 of the Penal Code, Chapter 87 of the Laws of Zambia, by unlawfully having carnal knowledge of the woman without her consent. At the start of the court hearing, the prosecution applied for an in-camera hearing to protect the victim’s privacy, which was granted in part. The court ruled that the matter would only be heard in camera when the victim testifies. The court further prohibited the media from identifying

Lusaka, Zambia, 21.06.2024 – A dramatic turn of events has unfolded in the ongoing trial of Fredson Yamba and JosephMalanji, as the prosecution alleged witness tampering and interference by the accused persons. In a riveting courtroom session before Magistrate Hon. Ireen Wishimanga, the trial of Fredson Yamba and Joseph Malanji took a startling turn. Mukelabai Kwaleyela, Senior Investigations Officer of the Anti Money Laundering Investigations Unit, brought grave concerns to light regarding witness interference in the ongoing case. Kwaleyela revealed, “Your honour, I’m facing serious challenges in bringing witnesses to court in this matter.” He detailed incidents where witnesses were allegedly approached and offered money not to testify, leading to considerable setbacks in the trial proceedings. The prosecution, led by Senior State Advocate Mukuma Chilila Chipawa, raised urgent alarms, citing interference by one of the accused, Joseph Malanji, dating back

Lusaka, Zambia –Magistrate Sylvia Munyinya has upheld the highest standards of judicial integrity by dismissing Dan Pule’s recusal bid, despite allegations of tribal bias. The court’s ruling reaffirms the judiciary’s commitment to impartiality and justice in Zambia. Pule, the controversial spiritual leader of the United Kwacha Alliance (UKA), had sought to remove Magistrate Munyinya from his seditious case, citing apprehensions of unfair trial due to her ethnic background. However, the magistrate’s firm stand demonstrates the judiciary’s resolute commitment to judicial integrity, even in the face of bias allegations. Magistrate Munyinya’s ruling highlighted the importance of substantiating allegations of bias with convincing evidence, rather than mere suspicions or apprehensions. She stated, “Recusal is a crucial ethical responsibility that a judicial officer must consider carefully, as Section 6 of the Penal Code sets the standards for judicial officers.” The magistrate’s decision to

Lusaka, Zambia, 23.06.2024 – The National Prosecution Authority (NPA) made a notable impact at the 2024 Africa Public Service Day, securing 2nd place in the highly regarded Service Excellence Awards. This recognition, under the category, “Most Transformed and Innovative Institution,” underscores the NPA’s dedication to modernizing their tools to enhance their operations and in the process also enhance their delivery of prosecution services. Held at East Park Mall in Lusaka, the event’s theme was “Empowering a Citizen-Centric Public Service for an Inclusive and Thriving 21st Century Africa: A Journey of Lifelong Learning and Technological Transformation.” Within this vibrant setting, the NPA’s achievements captured significant attention, marking a crucial moment in their ongoing evolution. The NPA’s success was prominently displayed through their engaging participation at the event. Their booth, adorned in signature blue, attracted a steady stream of visitors eager to