Supreme Court to hear an appeal on asset recovery framework

The Supreme Court is set to hear an appeal concerning the country’s asset recovery framework.

This follows a decision by the Court of Appeal to grant the Director of Public Prosecutions leave to challenge its earlier ruling.

This is in a case involving the forfeiture of funds tied to unlicensed foreign exchange trading.

National Prosecution Authority, Public Relations Officer, CHALI HAMBAYI says the case relates to how Non- conviction Based forfeiture should be applied in financial crime cases, particularly those involving offences like money laundering and illegal foreign exchange trading.

Ms HAMBAYI says while such forfeiture is a powerful tool for recovering assets connected to criminal activities, it also raises concerns about ensuring the protection of fundamental rights.

In a statement today, Ms HAMBAYI said the Court of Appeal’s decision highlights the broader public interest at stake, recognising that the legal questions raised are relatively untested in Zambian law.

She says this case offers the Supreme Court a chance to clarify important aspects of asset recovery law, particularly in cases where forfeiture is pursued without a criminal conviction.

In its ruling, the Court of Appeal observed that Non- conviction Based forfeiture, though a valuable tool, remains a complex and evolving area of law that requires careful judicial oversight.

And the NPA says, being granted leave to appeal by the Court of Appeal is an exceptionally rare occurrence, highlighting the importance of the legal issues involved in this case.