Read the full story as posted on the front page of ARINSA.org

ZAMBIA TAKES THE HELM OF SAHOP, WINS ARINSA’S AWARDS OF EXCELLENCE

par Utilisateur supprimé,

ZAMBIA TAKES THE HELM OF SAHOP, WINS ARINSA’S AWARDS OF EXCELLENCE

By ZANIS | 16 December 2024

ZAMBIA has earned recognition for its exemplary leadership in asset recovery, particularly for its development of the 2024 Criminal Assets Recovery Inter-Agency Bureau Bill, and its consistent success in recovering stolen assets.

This was during The Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) 2024 Annual General Meeting (AGM), held from December 4th to 6th 2024, in Kasane, Botswana, on the sidelines of the Southern Africa Heads of Prosecution (SAHOP) Forum.

According to a statement issued to ZANIS by National Prosecution Authority Public Relations Officer, Chali Hambayi, Director of Public Prosecutions (DPP), Gilbert Phiri said that the return of stolen assets is not merely a legal obligation but a moral imperative.

Mr Phiri stressed that it was a critical tool for change, a symbol of justice, and a beacon of hope for communities and future generations.

He therefore urged the Heads of prosecutions services and asset recovery experts to renew their sense of dedication to the shared goals of justice, transparency, and sustainable development.

And Mr Phiri received an award of Excellence on behalf of Zambia for the country’s unrelenting commitment to investigating money laundering cases and recovering illicit assets.

The meeting further endorsed Zambia’s DPP, Gilbert Phiri as the first President of the Southern Africa Heads of Prosecution (SAHOP) Forum, and Makumba Kashishi, Principal State Advocate.

“Zambia also had the honour of assuming the ARINSA’s presidency and will be at the helm of ARINSA’s leadership for two years from 2025,” Mr Hambayi disclosed.

Mr Hambayi said that the Summit resolved to strengthen Mutual Legal Assistance by ensuring that these are quickly processed and agreed to enhance knowledge exchange and to build capacity among prosecutors in the region. 

He added that the countries also resolved and pledged to support Zambia’s leadership in the development of best practices for prosecution in the region.

SAHOP Forum was represented by 16-member states namely Angola, Botswana, Democratic Republic of Congo, Eswatini, Lesotho, Madagascar, Malawi, Namibia, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe

At the close of the summit, the Directors of Public Prosecutions signed the Kasane Declaration and adopted SAHOP Forum Terms of Reference in which they declared their commitment to strengthening regional cooperation and upholding Human Rights


384 mots

Discuter sur ce sujet  (0 réponses)

Charting a New Course – Drafting Zambia’s First National Asset Recovery Policy

par Utilisateur supprimé,

Charting a New Course – Drafting Zambia’s First National Asset Recovery Policy


From 16th to 20th December, 2024, the Inter-Agency Coordination and Cooperation Framework, with support from the International Centre for Asset Recovery (Basel Institute on Governance) and the United Nations Office on Drugs and Crime (UNODC), hosted a workshop at Protea Hotel Safari Lodge in Chisamba. This workshop convened representatives from eight critical institutions – namely, the National Prosecution Authority, the Drug Enforcement Commission, the Anti-Corruption Commission, the Office of the President – Special Division, the Zambia Revenue Authority, the Attorney General’s Chambers, the Accountant General’s Office, and the Bank of Zambia – to collaboratively draft a National Policy on the Recovery and Management of Assets in Zambia.

The workshop’s primary objective was to develop a National Policy on the Recovery and Management of Assets. This marks a historic milestone, as Zambia currently has no such unified framework in place.

For the Zambian people, this means a more transparent, accountable system where the state ensures that recovered assets are quickly put to good use for the benefit of the nation, helping to curb financial crimes and promote economic justice.

The team exhi**d exceptional dedication and teamwork, encouraging healthy dialogue and incorporating diverse, thoroughly researched perspectives. Their combined efforts ensured the workshop’s success and laid the groundwork for a transformative policy.

The nation now looks forward to the formal adoption and implementation of the National Policy on Recovery and Management of Seized and Forfeited Assets (NPRMSFA), which will greatly enhance Zambia’s asset recovery capabilities and strengthen its resolve against financial crimes


257 mots

Discuter sur ce sujet  (0 réponses)

Prosecutors Review Standard Operating Procedures on Money Laundering

par Utilisateur supprimé,

Prosecutors Review Standard Operating Procedures on Money Laundering


By Eljay | 24 September 2024 | News on Africa

Mbabane, Eswatini – Today, senior prosecutors from the Directorate of Public Prosecutions convened to assess and enhance the Standard Operating Procedures (SOPs) on money laundering. The review comes as part of ongoing efforts to strengthen Eswatini’s legal framework and ensure more effective prosecutions in financial crime cases.

The discussion, facilitated with guidance from the United Nations Office on Drugs and Crime (UNODC), focused on fostering investigative mindsets, identifying critical points to prove in money laundering cases, and addressing both self-money laundering and third-party money laundering offenses. These updates are expected to tighten the prosecutorial approach, ensuring that cases are built on a robust understanding of key evidence requirements.

Money laundering, particularly involving third-party facilitators, remains a significant challenge in the global fight against financial crime. The revised SOPs aim to sharpen the skills of prosecutors in tracing illicit financial flows, identifying perpetrators, and prosecuting both direct and indirect participants in money laundering activities.

This collaborative effort is part of a broader push to enhance international cooperation and align Eswatini’s legal practices with global standards, as promoted by UNODC and other international bodies working to combat financial crimes.

The Directorate expects that these updates will lead to improved investigative outcomes and more successful prosecutions, thus bolstering the country’s commitment to financial transparency and the rule of law.

Key Discussion Points:

Enhancing investigative skills for complex financial crime cases. Identifying crucial evidence to support money laundering charges. Addressing self-money laundering and third-party facilitations.

The collaboration with UNODC underscores Eswatini’s dedication to combating organized financial crime and ensuring justice is served in cases of money laundering.

280 mots

Discuter sur ce sujet  (0 réponses)

Former TETA CEO sentenced to 7 years for role in Fidentia scandal

par Utilisateur supprimé,

Former TETA CEO sentenced to 7 years for role in Fidentia scandal


by Moonstone Information Refinery | 15 October 2024 |Moonstone

The former chief executive of the Transport Education and Training Authority (TETA), Pieter Hendrick Bothma, was this week sentenced to an effective seven years in prison for fraud, corruption, and money laundering related to the Fidentia scandal.

Charges against the 64-year-old stem from the investment of more than R200 million of TETA’s funds with Fidentia Asset Management (Pty) Ltd (FAM) between 2003 and 2005. On request, only R15m was returned to TETA in September 2003, the National Prosecuting Authority (NPA) said in a statement on Monday.

TETA was one of FAM’s two big clients. The other was the Mineworkers Provident Fund, which placed R1.2 billion under its management.

Senior State Advocate Thersia du Toit-Smit led evidence that Bothma falsely and with intent to defraud instructed PLJ Asset Holdings (Pty) Ltd to move two promissory notes held on behalf of TETA to Maddock Inc and signed a non-discretionary mandate with FAM authorising the investment of the promissory notes.

Maddock Inc were the auditors for FAM and Fidentia Holdings from October 2003 to April 2006. Graham Maddock, who founded Maddock Inc in 2002, later became a Fidentia director.

Bothma failed to disclose to TETA’s board on 24 April 2003 that the mandate with FAM had been signed two weeks previously.

He also failed to disclose to the board that the promissory notes had been sent to Maddock Inc on the day on which the mandate had been signed (10 April 2003) and instructed FAM to sell one of the promissory notes before the maturity date.

He did not inform the board that he had authorised the sale of one of the promissory notes and the investment of a further R50m with FAM and instructed that the funds be transferred to Maddock Inc.

He reinvested the funds with FAM without disclosing this to TETA’s board and authorised the investment of a further R50m with FAM in April 2004 and instructed that the funds be transferred to Maddock Inc on 16 April 2004.

He authorised the re-investment of the promissory notes and R100m in cash with FAM every year. His actions and failure to disclose the true position induced TETA and the board to act to the actual or potential prejudice of TETA.

Bothma was paid a bribe of R4.2m by Steven William Goodwin and R1.9m by Fidentia head J Arther Brown to move the funds from PLJ and invest them with FAM. The bribes were disguised as commission payments and then as a sale of shares in a shell company that had no assets.

In April 2009, Goodwin was sentenced to 50 years’ imprisonment on 36 counts involving fraud, corruption, and money laundering involving about R93m. In terms of a plea agreement, Goodwin the sentence was effectively 10 years.

“The corrupt relationship between Goodwin, Brown, and the accused ensured that Fidentia Asset Management had access to liquid funds to purchase the buildings in Century City, luxury cars for directors of the company – Rudi Bam, Maddock, Brown, and others – and purchase the beachfront property Brown lived in. Bothma laundered the monies he received through the accounts of various individuals and entities to disguise the true nature of the fund, while he knew that the funds were the proceeds of unlawful activities,” the NPA said.

On Monday, the Palmridge Commercial Crimes Court sentenced Bothma to seven years’ imprisonment for fraud, 14 years for two counts of corruption, and seven years for money laundering. The sentences will run concurrently.

The State successfully opposed an application by the defence for leave to appeal the conviction and the sentence.

The defence then advised the court that it would file a petition with the High Court for leave to appeal the conviction and sentence and wished to bring an application for bail pending the petition. The court asked the defence to file the petition first and said it would not hear an application for bail pending the petition.


670 mots

Discuter sur ce sujet  (0 réponses)

Court Orders Forfeiture of Former First Lady’s 15 Luxury Properties

par Utilisateur supprimé,

Court Orders Forfeiture of Former First Lady’s 15 Luxury Properties


By National Prosecution Authority of Zambia | 27 September 2024

In furtherance of Zambia’s asset recovery efforts, the Economic and Financial Crimes Court has ordered the forfeiture of 15 luxury flats valued at ZMW 66 million belonging to former First Lady, Esther Nyawa Lungu, declaring them proceeds of crime. The judgment marks a key moment in the country’s ongoing fight against financial misconduct.

Delivered today, the court ruled that the former first lady failed to provide sufficient evidence proving that the properties were acquired through legitimate means. Her assertion that her husband, former President Edgar Lungu, had financed the construction of the flats was dismissed due to the absence of supporting documentation.

The Court emphasised the importance of proper documentation in substantiating claims of wealth, stating that the absence of credible evidence would not be tolerated in such cases. This judgment is part of a growing body of jurisprudence in Zambia, establishing a clear precedent for holding public officials accountable for illicit wealth accumulation.

The Anti-Money Laundering Investigations Unit (AMLIU) of the Drug Enforcement Commission (DEC) played an instrumental role in securing the forfeiture. The success of this case underscores the importance of continued collaboration between the prosecution and law enforcement bodies to combat corruption and restore integrity in public service.

This judgment makes a bold statement that Zambia is determined in tackling financial crimes and holding individuals accountable, no matter their standing, The case also highlights the resolve within Zambia’s legal and enforcement institutions to ensure that assets obtained through illegal means are reclaimed for the benefit of the public.

Former first lady, Esther Nyawa Lungu’s case bears similarities to other high-profile forfeitures, including that of Tasila Lungu, where claims of family assistance in wealth accumulation were similarly rejected due to lack of supporting evidence. The message is clear: Zambia’s leadership is determined to root out corruption at all levels and ensure that the country’s resources benefit the wider public rather than individuals engaged in criminal conduct.

With a firm judicial stance on asset forfeiture and a growing portfolio of recovered assets, Zambia’s anti-corruption campaign is being praised both domestically and internationally. This latest judgment demonstrates the continued determination to uphold justice, making it clear that in Zambia, crime will not pay.


383 mots

Discuter sur ce sujet  (0 réponses)

Mozambique: Privinvest seeks appeal against London court ruling of $2B damages

par Utilisateur supprimé,

Mozambique: Privinvest seeks appeal against London court ruling of $2B damages

By Editor | 19 Septemebr 2024 | Club of Mozambique

Lebanese shipping group Privinvest on Wednesday asked to be allowed to appeal against the decision of the London Commercial Court that obliges the shipping group to pay around US$2 billion (€1.8 billion) in compensation to the Mozambican state.

At a hearing being held in the Commercial Division of the High Court in London, Privinvest’s lawyer, Duncan Matthews, asked for the execution of the payment to be suspended so that an appeal could be heard.

The lawyer invoked, among other reasons, Mozambique’s failure to disclose important official documents, so that “a fair trial was not possible”.

Privinvest also said that it does not have enough funds to pay the stipulated amount and warned that if this suspension is not accepted, it will have to go into insolvency.

In the judgement of 29 July, which culminated a four-year trial in British justice, Judge Robin Knowles ruled that Mozambique was entitled to payment of US$825 million (€741 million at the current exchange rate) and compensation to cover the US$1.5 billion (€1.35 billion) that it is responsible for paying to banks and bondholders.

To this amount must be added around US$421 million (€378 million) in cash and assets recovered in the meantime by the Mozambican authorities, he added.

Also under discussion in court today were the amount of accrued interest demanded by Mozambique, calculated at US$40 million (€36 million), and the payment of legal costs.

The legal team representing Mozambique’s attorney general’s office (PGR) estimated the costs incurred by the PGR in this case at around £49 million (€58 million).

The lawyer representing Mozambique, Joe Smouha, argued against Privinvest’s request for an appeal and a stay of execution.

“Fraud has consequences, and today there is a question of Privinvest suffering those consequences,” he said.

A decision on these matters should be made by the end of the day. Even if the request for an appeal is rejected, Privinvest can still appeal to the Court of Appeal.

In the judgement of 29 July, Judge Robin Knowles ruled that Privinvest paid bribes to former Mozambican minister of finance Manuel Chang, paid by the shipping group based in Lebanon and the United Arab Emirates.

It was Chang who signed state guarantees on bank loans taken out by public companies Proinducus, Ematum and MAM in 2013 and 2014 to buy ships and maritime surveillance equipment in 2013.

Discovered in 2016, the debts were estimated at around US$2.7 billion (around €2.49 billion), according to figures presented by the Mozambican public prosecutor’s office.

The case that became known as “hidden debts” plunged Mozambique into a financial crisis, after two decades during which the country was one of the ten fastest growing economies in the world, according to the World Bank.

In August, a federal jury in the United States found Manuel Chang guilty of accepting bribes and of conspiracy to embezzle public funds, which the former minister has indicated he intends to appeal.

On the sidelines of the proceedings in London, Mozambique has concluded out-of-court agreements with other creditors, namely Credit Suisse, Russian bank VTB and other financial institutions such as Portugal’s BCP bank to cancel or reduce amounts owed.


541 mots

Discuter sur ce sujet  (0 réponses)

Mozambique: PGR calls for multisectoral cooperation to fight organized crime

par Utilisateur supprimé,

Mozambique: PGR calls for multisectoral cooperation to fight organized crime


By Editor |16 September 2024 | Club of Mozambique

The assistant attorney general and head of the specialized criminal department within the Mozambican Attorney General’s Office (PGR), Amabélia Chuquela, has called for multisector cooperation in fighting against money laundering, drug trafficking and the kidnappings that have been plaguing the country’s major cities.

According to Chuquela, who was speaking to reporters on Saturday, in Maputo, during activities marking the 35th anniversary of the foundation of the PGR, the investigation of specific crimes faced nowadays by the country demands multisector cooperation.

“We have to realize that, during these 35 years, there have been many challenges that we are still facing at the moment. The biggest challenges we have are combating terrorism, kidnappings, money laundering, corruption, and drug trafficking”, she said.

In order to face these crimes, Chuquela explained, the PGR has been training its prosecutors, taking into account the complexity of organized crime.

“We realized that society is increasingly crying out for us, for us to be able to exercise the greatest dynamism in what are our constitutional and legal duties. That’s why we’ve been carrying out activities to enable us to face up to this organized and transnational crime more effectively”, she said.

According to Chuquela, the 35th anniversary of PGR, which will be celebrated on 19 September, represents the growth of the body over the years, which means sophisticated mechanisms to deal with modern crimes are more necessary than ever.



250 mots

Tags:
Discuter sur ce sujet  (0 réponses)

IGG Recovered Shs14B from Corrupt Officials in FY 2023/24

par Utilisateur supprimé,

IGG Recovered Shs14B from Corrupt Officials in FY 2023/24Beti Kamya, Inspector General of Government in Uganda

By Muhamadi Byemboijana |9 Sepember 2024 | Soft Power News

The Inspectorate of Government has revealed that it recovered UGX 14B from the orders issued for recovery in Financial Year 2023/2024.

The IG noted that a cash payment of UGX 6B was deposited into the IG asset recovery account and property worth UGX 8.7B was handed over to the institution in lieu of cash.

In the same financial year (2023/2024,) the IG received 2377 complaints concerning corruption, Ombudsman and Leadership Code of Conduct.

Of the 2377 complaints, 1260 were registered from the Head Office while 1117 were registered across the 16 IG Regional Offices.

91.8% of these were sanctioned for investigations, 2.7% were referred to other authorities while 0.1% were declined because they did not meet merit in investigable cases.

By the end of the financial year, decisions were yet to be taken on 5.4% of the complaints that had been received during the year.

The Inspector General of Government (IGG), Beti Kamya, said they investigated and concluded 852 corruption-related cases of which 18 were high-profile in nature while 829 were other (not high-profile) corruption cases.

Following the investigations, the IG recommended recovery of UGX17B to the consolidated fund from persons found culpable in various corruption offenses.

“At least 251 administrative sections were issued against public officials and 26 of these were to be prosecuted for their involvement in corrupt tendencies,” Kamya told the media at the Uganda Media Center.

Prosecution and asset recovery

Under this function, Kamya said 55 cases were prosecuted and concluded, adding, “A total of 26 convictions were realized leading to a conviction rate of 47.3%. Of the 55 concluded cases, 9 were acquitted, 18 withdrawn for various reasons such as settling the matter out of court, while two (02) were dismissed.”

She noted that from the withdrawn cases, the affected persons committed to refund UGX 912M to the consolidated fund.

The IG also prosecuted and concluded 28 cases at the Leadership Code Tribunal (LCT), registering24 convictions (85.7 conviction rate).

The IG conducted a series of sensitization activities and outreach programmes to support Leaders to submit their declarations.

At the end of the declaration period, 26,541 out of an expected 32,617 Leaders had declared, representing a compliance rate of 81.3%.

“The IG sought explanation from those who had not submitted. The process was ongoing by the end of the financial year. During the same period, the IG verified declarations of 574 public officials out of a targeted 600 for the financial year. This represents a success rate of 95.6%,” she said.

A total of 213 investigations into breaches of the Leadership Code Act were concluded, of which 190 were related to non-declarations while 23 were false declarations, according to Kamya.

“As a result of the verifications and investigations, 61 public officials were recommended for prosecution at the Leadership Code Tribunal,” she said.

Resolution of Ombudsman complaints in public offices

The IG resolved 498 Ombudsman complaints comprising 77 in Ministries, Departments and Agencies (MDAs) and 421 in Local Governments (LGs).

The complaints were majorly related to employment dis**s, delayed services, non- payment of salaries and pensions and mismanagement among others.

From the Ombudsman investigations, 892 citizens were able to directly access various services including access to payments totaling to UGX4B delayed salaries and pensions.

Kamya also announced the commemoration of the IG Day On September 18, 2024, at Railway Grounds in Kampala. The organization will also commemorate 38 years of existence.

The IG Day will open doors for the public to candidly interact with the institution, appreciate the processes and mandate of the IG and provide feedback to the institution on the delivery of its mandate.


618 mots

Discuter sur ce sujet  (0 réponses)

EACC hands over corruptly acquired assets worth Sh5 billion

par Utilisateur supprimé,

EACC hands over corruptly acquired assets worth Sh5 billionPresident William Ruto during the hand over of corruptly acquired assets recovered by the Ethics and Anti-Corruption Commissi

By Allan Kisia | 11 September 2024 |The Star Kenya

The Ethics and Anti-Corruption Commission (EACC) has handed over to the government recovered assets valued at Sh5 billion that were corruptly acquired.

The Ethics and Anti-Corruption Commission (EACC) has handed over to the government recovered assets valued at Sh5 billion that were corruptly acquired.

EACC chief executive officer Twalib Mbarak handed over 35 title deeds measuring approximately 18.71 acres at a ceremony held at State House Nairobi on Wednesday.

In addition to the recovered immovable properties, Mbarak said the commission also recovered cash assets totalling Sh511 million.

“EACC recovered Sh361,395,356 and remitted it to the National Treasury, Consolidated Fund Account. The money was recovered from individuals who had irregularly acquired public properties,” he said.

He added that EACC recovered from a law firm Sh79.2 million for the Kenya Ports Authority Retirement Benefits Scheme.

He further said the commission recovered Sh70.6 million from an individual after a civil process, money meant for the Kenya Medical Research Institute (KEMRI) Retirement Benefits Scheme.

Mbarak noted that one property recovered was land measuring 1.88 acres in Kisumu belonging to the Judiciary with a value of Sh1.4 billion.

He said three properties were recovered in Eldoret measuring 3.25 acres valued at approximately Sh1.2 billion and registered in favour of the Cabinet Secretary for the National Treasury as a trustee of the National Police Service.

He added that another property measuring 1.0 acres was recovered in Eldoret valued at approximately Sh700 million and registered in favour of the Cabinet Secretary for the National Treasury as trustee for the Uasin Gishu Referral Hospital under the County Government of Uasin Gishu.

EACC chairperson David Oginde said the event was a symbolic demonstration of the tireless efforts of the commission to make corruption unprofitable, by removing the benefits and proceeds of graft.

“On the other hand, it illustrates the audacity of corrupt individuals in their attempt to convert public property to personal use,” he stated.

He assured EACC will work closely with the national and county governments to entrench transparency and accountability in the use of public resources.


358 mots

Discuter sur ce sujet  (0 réponses)

Zambia’s Asset Forfeiture Triumph – ZMW 58 Million in Gold and $200,000 in Cash Seized Following Major Conviction

par Utilisateur supprimé,

Zambia’s Asset Forfeiture Triumph – ZMW 58 Million in Gold and $200,000 in Cash Seized Following Major Conviction


In a significant development in Zambia’s battle against financial crime, the State has successfully secured the forfeiture of ZMW 58 million in Gold, $200,000 in cash and a Toyota Prado from two Chinese nationals convicted of conveying property suspected to have been stolen. This significant action highlights the power of forfeiture in dismantling the financial networks that sustain criminal activities.

The investigation in this case was triggered by a report received by the Zambia Police Service on 12th August 2024. The tip-off indicated that a White Toyota Prado, registration number AGP 8998, traveling along Kafue Road was suspected of carrying illegal contraband. Upon intercepting the vehicle, officers identified Zhao Changsong and Zhao Yanjing as the occupants. The vehicle, along with the suspects, was taken to Lusaka Division Headquarters for a thorough Search.

The Search revealed 40 pieces of Gold, estimated at ZMW 58 million, and $200,000 in cash concealed within the vehicle’s doors. This discovery led to legal proceedings against the suspects. Zhao Changsong and Zhao Yanjing were charged under section 319(b) as read together with section 38 of the Penal Code Act Chapter 87 of the Laws of Zambia, for conveying property suspected to have been stolen following a plea negotiation agreement between the State and the two Chinese nationals. On 9th September 2024, they pleaded guilty and were convicted by Chief Resident Magistrate Davis Chibwili at the Lusaka Subordinate Court.

Following the conviction of the duo, the State successfully applied for conviction-based forfeiture of the assets. The court’s ruling led to the seizure of the Gold, Cash, and the Toyota Prado used in the crime. The plea negotiation agreement also helped save time and is a significant alternative resolution mechanism that ought to be encouraged.

The case is impactful in the forfeiture campaign the Country has embarked on. By reclaiming the Gold, Cash, and vehicle used in the crime, the State has effectively stripped the offenders of the proceeds of their illegal operation.

This victory serves as a reminder of the strength of Zambia’s asset forfeiture laws, inter-agency cooperation and the State’s determination to ensure that criminal gains are not only uncovered but also permanently seized. Forfeiture is not merely a penalty; it is a critical tool in dismantling the economic foundations of organised crime and sending a clear message that no illicit wealth is beyond the reach of justice.

This outcome marks a significant step forward in Zambia’s commitment to addressing financial crime and serves as a powerful example of the country’s resolve to protect its economic integrity.



447 mots

Discuter sur ce sujet  (0 réponses)