Former Minister of Foreign Affairs, Joseph Malanji has filed a notice of appeal in the High Court against the conviction and his four-year p...
Former Minister of Foreign Affairs, Joseph Malanji has filed a notice of appeal in the High Court against the conviction and his four-year prison sentence by the Lusaka Magistrate court.
According to a notice of appeal filed by Mr Malanji’s lawyers, Messrs Makebi Zulu Advocates, the grounds of the appeal are that the trial magistrate, Magistrate Ireen Wishimanga, erred in law when she determined the matter without having jurisdiction to do as she did.
The defence lawyers added that the learned trial court gravely erred in law and fact by holding that the second appellant was the beneficial owner of the companies on account of his shareholding directorship, and control contrary to the established principle of separate legal personality.
The lawyers also argued that the learned trial court erred in law and fact by assuming that the funds used to purchase the two helicopters subject of courts three and four, came from the accused person’s trips to Turkey and Morocco without evidence to support the assumption.
With regard to the State’s application to the forfeiture of Mr Malanji’s properties which are suspected to be proceeds of crime, Messrs Makebi Zulu Advocates have asked the court to dismiss the request.
The team argued that the application to forfeit the properties was legally unsustainable as it is premised on a flawed understanding of the law and an outright disregard of binding authority.
The defence lawyers cited the forfeiture of Proceeds of Crime Act No. 19 of 2010, which does not envisage an indiscriminate confiscation of property.
“Section 20 (1) of the Act provides that where a person obtains property as a result of, or in connection with the commission of a serious offence, the person’s benefit is the value of the property so obtained.
Where a person derives an advantage, the person’s advantage is deemed to be a sum of money equal to the value of the advantage derived,” the appeal read in part.
On September 4th, 2025, the Lusaka Magistrate Court sentenced Mr Malanji to four years imprisonment with hard labour, while his co-accused, former Secretary to the Treasury, Fredson Yamba was handed a three-year sentence with hard labour.
The sentencing was delivered by Magistrate Ireen Wishimanga who convicted Mr Yamba on two counts of failing to follow official procedure, while Mr Malanji was found guilty on seven counts of possessing property suspected to be proceeds of crime.
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