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The Economic and Financial Crimes Division Registry

3 judgments
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3 judgments
September 2024
Attorney General v In Re Property (2024/HPEF/022) [2024] ZMHC 347 (25 September 2024)
The court forfeited unclaimed bank funds to the State as suspected proceeds of crime after statutory notice period expired.
  • Proceeds of crime — Forfeiture under s.18 Prohibition and Prevention of Money Laundering Act — statutory publication and three‑month notice — unopposed applications still require proof on balance of probabilities — State Proceedings Act s.12(1) (Attorney General).
25 September 2024
March 2024
Director of Public Prosecutions v Esther Nyawa Tembo Lungu (2023 /HPEF / 23) [2024] ZMHC 4 (11 March 2024)
Court allowed summons of bank officials to produce records and give oral evidence; refused stay of proceedings pending appeal.
  • Forfeiture proceedings — interlocutory evidence — Order XXX Rules 20 & 21; summons of non-party bank officials to produce banker’s books; admissibility under Evidence (Bankers' Books) Act and Electronic Communications and Transactions Act; stay pending appeal — exceptional circumstances and arguable appeal required.
11 March 2024
Director of Public Prosecutions v Milingo Lungu and Anor (2023/HPEF/10) [2024] ZMHC 3 (7 March 2024)
Court refused a rejoinder and cross-examination, finding affidavit evidence sufficient for an in rem forfeiture hearing.
  • Forfeiture in rem — procedure — clarifying/rejoinder affidavits — reply/rejoinder generally reserved for applicant; cross-examination of affidavit deponents — discretionary and exceptional; test: insufficiency of affidavit evidence, existence of contentious factual issues, and good and convincing reasons to subpoena; Section 31(2) burden for interested parties to prove legitimate interest.
7 March 2024