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News

DPP Sends clear message and commitment in fighting corruption in Zambia

At the official opening of the second National Annual Prosecutors’ Conference under the theme: The Pursuit of Prosecutorial Excellence: Interagency Co-operation and Global Alliances, the Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, S.C., gave a strong message to individuals involved in corruption.The Learned DPP noted that perpetrators of this vice know how to corruptly build alliances aimed at undermining the fight against corruption. They possess deft skills of painting us black, he said. We are not unaware of their devices and gimmickry. But we are resolved to fight crime and decisively so. The message is that for those contemplating a life in crime and corruption they must give serious reconsideration to their plans. The consequences of crime especially corruption are guaranteed to be very painful. The corrupt must always live to regret their actions.The DPP indicated that Zambia’s 4 point improvement on the Corruption Perception Index (CPI) was not a fluke but, the fruits of concerted efforts in

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Vice President officially opens the second National Annual Prosecutors Conference under the theme: The Pursuit of Prosecutorial Excellence Interagency Co-operation and Global Alliances.

The second National Annual Prosecutors’ Conference was officially opened by Her Honour the Vice President of Zambia Mrs. W.K. Mutale Nalumango. The ceremony was graced by attendances from notable luminaries, including the Minister of Justice Hon. Princess Kasune, the Attorney General Mr. Mulilo Kabesha S.C, the Director of Public Prosecutions Mr. Gilbert Phiri S.C who was flanked by the Prosecutor General of Namibia Ms Olyvia Martha Imalwa, the DPP of Malawi Mr Masuako Chamkakala and the Chief Executive Officer of the Ethics and Anti –Corruption Commission of Kenya. In her remarks, the Vice President stated that in line with the theme of the conference which is anchored on co-operation , her government is cognisant of the fact that agencies must work together to achieve common goals. This she stated, maximises the usage of resources and leads to the avoidance of replicated work, as well as ensuring that knowledge and best practices are shared amongst criminal justice agencies in fighting crime.

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Forgery, Fraud, and Folly: Former ZHECT Finance Manager Jailed for Diverting PAYE Funds into Personal Coffers

In a landmark conviction that underscores the commitment of the National Prosecution Authority (NPA) to upholding justice and accountability, Raymond Tapiseni, the former Finance Manager of Zambia Health Education and Communication Trust (ZHECT), has been convicted and sentenced to 6 years of imprisonment with hard labour by Hon. Ngobola at the Lusaka Magistrates Court. Tapiseni was found guilty on a staggering 69 counts, including 63 counts of forgery contrary to sections 347 and 342 of the Penal Code, 1 count of uttering false documents contrary to section 352 of the Penal Code, and 5 counts of theft by servant contrary to sections 272 and 278 of the Penal Code. His conviction follows a meticulously detailed investigation conducted by the Zambia Police Service that brought to light the fraudulent activities spanning from June 24, 2016, to July 1, 2020. In his capacity as Finance Manager for ZHECT, a Non-Governmental Organization funded by USAID and other international donors, Tapiseni devised an elaborate

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Zambia’s Asset Forfeiture Triumph – ZMW 58 Million in Gold and $200,000 in Cash Seized Following Major Conviction

In a significant development in Zambia’s battle against financial crime, the State has successfully secured the forfeiture of ZMW 58 million in Gold, $200,000 in cash and a Toyota Prado from two Chinese nationals convicted of conveying property suspected to have been stolen. This significant action highlights the power of forfeiture in dismantling the financial networks that sustain criminal activities. The investigation in this case was triggered by a report received by the Zambia Police Service on 12th August 2024. The tip-off indicated that a White Toyota Prado, registration number AGP 8998, traveling along Kafue Road was suspected of carrying illegal contraband. Upon intercepting the vehicle, officers identified Zhao Changsong and Zhao Yanjing as the occupants. The vehicle, along with the suspects, was taken to Lusaka Division Headquarters for a thorough Search. The Search revealed 40 pieces of Gold, estimated at ZMW 58 million, and $200,000 in cash concealed within the vehicle’s doors. This discovery led to legal proceedings against

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Labour Day Award Giving Ceremony

The National Prosecution Authority (NPA) held its 2024 Labour Day Award Giving Ceremony for Headquarters and Lusaka Province on 6th September, 2024. A total of nineteen (19) employees from Headquarters and Lusaka Province were awarded.  The event was graced by the presence of the Learned Director of Public Prosecutions (DPP), Mr. Gilbert A. Phiri, SC. The DPP delivered a speech in which he thanked the NPA employees for their hard work and unflinching sense of dedication to duty. He reaffirmed his commitment to motivating NPA employees  by improving the terms and conditions of service and fostering a conducive work environment. The DPP pledged to ensure that the Institution’s policies, strategies and practices prioritise the welfare of employees as investing in employees, is an investment in the nation’s development.  

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High Court Economic & Financial Crimes Division Restates Settled Internantional Standards On Non-Conviction BasedForfeiture

The Economic and Financial Crimes Division of the High Court of Zambia in a judgment delivered on 21st August, 2024 restated the settled international standards on Non-Conviction Based Forfeiture in the case of Anti-Corruption Commission vs. Pittscon Zambia Limited & 7 Others 2022/HPEF/12. The High Court disagreed with the decision of the Court of Appeal in the case of Sydney Mwansa vs. The People (CCZ) Appeal No. 276 of 2021 by distinguishing it on the premise that it did not conform with settled international standards on Non-Conviction Based Forfeiture.  In the Sydney Mwansa case, the Court of Appeal decided that there must be a connection between the property sought to be forfeited and a criminal charge.  On the other hand, the High Court has indicated that it would instead follow the Supreme Court’s decision in the case of The People vs. Austin Liato (No. 291/2014) where the current Chief Justice, Dr. Mumba Malila, SC stated as follows: “The passage of

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Conviction Update

The People V Emmanuel MoongaCase overviewEmmanuel Moonga was charged with Assault Occasioning Actual Bod ily Harm. He was accused of assaulting his then wife on 24th December, 2023 in Kafue District.On the day in question, he had gone to Zambia Compound to pick up his niece and daughter whom he had earlier taken to the hair salon. He proceeded to Choppies Supermarket where he picked his wife and went home. After they reached home, a quarrel ensued between the convict and his wife. He beat his wife using fists and kicks and as a result she sustained bruises on the neck, head, face and general body pains and became unconscious until on 25th December, 2024 when she regained consciousness at Kafue General Hospital.Legal proceedingsHe pleaded not guilty before Hon Mwaba on 14th March, 2024 in the subordinate court at Kafue. The state called six witnesses in support of its case.SentencingAt the close of the case, Emmanuel Moonga was convicted and

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CIG provides support to National Prosecution Authority for Culture Transformation

LUSAKA (Zambia), 31 July 2024 – The Chandler Institute of Governance (CIG) conducted its second workshop with the National Prosecution Authority (NPA) from 22 – 30 July 2024. Titled “Leading Positive Culture Transformation,” the workshop aimed to equip 34 senior management leaders and change team members from various provinces in Zambia with the tools and knowledge to drive meaningful change within the organisation. Click here to read more.

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Misinformation on asset forfeiture should not be celebrated

The statement made by Mr. John Sangwa, SC, on current efforts to recover illicitly acquired assets is, to be modest, most unfortunate. Coming from a professional who has branded himself as a constitutional lawyer, makes it sad. It was either a deliberate misdirection of his audience, or born out of ignorance of immense proportions. The statements could also not have been made at a worse time when Zambia is undergoing review for compliance with the United Nations Convention against Corruption! In an interview with Diamond TV’s COSTA Programme, Mr. Sangwa, in apparent reference to the Forfeiture of Proceeds of Crime Act, is quoted as having said that there is nothing wrong with the law only that it is being abused. In addition, he contended that there cannot be asset forfeiture unless one is tried and convicted of a criminal offence as the law provides. First, it is difficult to reconcile the contradictory stances; whether the implementation is abusive of an

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COURT OF APPEAL REVERSES THE GRANT OF LEAVE TO APPEAL IN THE ESTHER LUNGU CASE

The Court of Appeal sitting in Ndola on the 12th of August, 2024 has set aside a ruling of a single Judge granting Leave to the former first Lady Esther Lungu to appeal to the Court of Appeal against a ruling of the High Court at the Economic and Financial Crimes Court dated 20th May, 2024. The former first lady sought to appeal to the Court of Appeal against a High Court ruling of the 20th of May, 2024 denying her to adduce oral evidence by calling witnesses she subpoenaed because she did not follow laid down procedure of seeking Leave of the Court before the witnesses could be subpoenaed. The Applicant, Esther Lungu filed Renewed Ex-parte Summons for an Order for Leave to Appeal to the Court of Appeal against the Ruling of High Court. The Applicant served the Director of Public Prosecutions with Renewed Ex- parte Summons despite the court indicating that the matter be heard inter-parte. On

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