Publication Date
11-2024
Abstract
This piece critically analyses the Zambian Court of Appeal's decision regarding a non-conviction-based forfeiture order. The Court allowed the appeal, insisting on the need to identify a specific offence and establish a clear connection between the offence and the tainted property. The author argues that this decision is legally flawed as it misconstrues the fundamental principle of non-conviction forfeiture, which does not require proof of a criminal conviction or a specific offence. The commentary emphasises that unexplained wealth, where authorities show a disparity between legitimate earnings and accumulated assets, should be sufficient to trigger forfeiture, with the burden of proof shifting to the property holder. It draws on comparative jurisprudence to support the validity and importance of non-conviction orders in combating corruption.
Recommended Citation
Ndulo, Muna
(2024)
"Sydney Mwansa v. Director of Public Prosecutions (Appeal No. 276/2012) (DPP) and Non-Conviction Based Forfeiture Orders: A Case Comment,"
SAIPAR Case Review: Vol. 7:
Iss.
2, Article 9.
Available at:
https://scholarship.law.cornell.edu/scr/vol7/iss2/9
