FORFEITURE OF PRIVATE CITIZENS PROPERTY WITHOUT CONVICTION IS ILLEGAL
The United Nations is imposing regressive legal measures on countries like Zambia. These laws may not be acceptable in most countries that uphold the rule of law. This is similar to how the IMF enforces austerity on African nations while developed countries use quantitative easing to boost their economies during recessions. In fact, Zambia needs more adherence to the rule of law, not less, to uphold its own Constitution.
Remarkably, despite intense State House pressure, the Zambian Court of Appeal is taking an independent stance against the political misuse of the law by the compromised Director of Public Prosecutions, Mr Gilbert Phiri. Several judgments have been made to overturn his attempts to violate the fundamental right to a free and fair trial, including recently in :
NATHAN MBAYA, WU XINREW & KELSHA INVESTMENT LIMITED vs DPP – Appeal No. 123/2022 :- “While non-conviction-based asset confiscation may be an effective tool for asset recovery in intricate corruption, money laundering and drug trafficking cases, the opinion we have rendered in this judgment demonstrates that it remains a highly technical area in which fundamental rights, such as the right to a fair trial must not be sacrificed at the altar of expediency”
SYDNEY MWANSA AND THE DIRECTOR OF PUBLIC PROSECUTIONS Appeal No. 276/2021
The DPP suggests that those who feel wronged must wait for the law to be amended, but no law can override the Zambian constitution. One day, in the not to distant future, when those responsible for today’s damaging corruption are held accountable, they too will rely on the protections of the Zambian Constitution and pray for the independence of the Judiciary to protect their fundamental rights.
