| Chapter 2: | Conceptual Issues in Definitions of Corruption and Good Governance |
- (a) a term of imprisonment not exceeding 12 years;
- (b) in cases where the convicted person is being convicted for a second or subsequent conviction, a term of imprisonment of not less than 5 years but not exceeding 12 years; and
- (c) in addition to any other penalty imposed under the Anti-Corruption Commission Act 1996, forfeiture to the State of any pecuniary resource, property, advantage, profit or gratification received in the commission of the offence.
A recent Zambian case, demonstrating the application of the statutory penalty of forfeiture, shows the following:
A LUSAKA magistrate’s court has ordered that former Ministry of Health Permanent Secretary, Kashiwa Bulaya’s nine properties valued at K3.5 billion be forfeited to the State. The properties include a farm house in Mapepe area valued at K300 million, a factory for producing a nutritional drink located in Chinika area valued at K2 billion and Mwasha Medical Centre in Rhodespark, valued at K380 million. Other propperties are an executive farm house which bears a sign reading ‘Republic of Bulgaria consular offices,’ valued at K860 million, a house in Woodlands Chalala area, which he was currently occupying valued at K800 million and an unfinished house in the same area valued at K180 million. Also seized are three houses at the Bennie Mwiinga Housing complex and six motor vehicles whose value was not estimated.50
According to the case report, Dr. Bulaya was jailed for 5 years with hard labour after being convicted on three counts of abuse of office and corrupt practices.51 The principal resident magistrate, Mr. Edward Musona, ordered that Dr. Bulaya forfeit the properties after an application by the State Prosecutor, Mr. Mutembo Nchito.52