Legal Aspects of Combating Corruption:  The Case of Zambia
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Legal Aspects of Combating Corruption: The Case of Zambia By Ken ...

Chapter 2:  Conceptual Issues in Definitions of Corruption and Good Governance
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In his application, Mr. Nchito said the judgment indicated that the properties were acquired with the proceeds of offences and that Section 41, Sub-Section C of the Anti-Corruption Act…stated that on the findings of the court, such properties be forfeited to the State. When asked by the court to reply to the application, Bulaya asked for an adjournment of the case because he had re-engaged his lawyers to represent him. But in response, Mr. Nchito said Bulaya could not say he wanted to retain his lawyers at such a late stage because judgment had been passed and he was already serving his sentence. He said that the only part that was left was to enable the arresting officer to be present when applying for forfeiture of the properties. At this point, Bulaya’s lawyer, Nicholas Chanda, informed the court that there were provisions which stated that a lawyer could be retained at any time and that it was not in dispute that they were withdrawn from the case. Mr. Chanda urged the court to adjourn the matter so that he could also make an application on another day. But in his ruling, Mr. Musona stated that it was trite law that a lawyer may still be retained on the case but in order to do so procedures must be followed by filing a notice of appointment or by putting himself on record. Mr. Chanda has since appealed against Mr. Musona’s ruling on the forfeiture of the property, arguing that the magistrate erred on a point of law because there was a precedent set by the Task Force on Corruption in a similar matter. This was in a case in which the court passed judgment in favour of former Zambia Intelligence Security Services (ZISS) former chief Xavier Chungu and two others, and the Task Force on Corruption stated that it could not hand back the properties because it had appealed against the ruling.53

Further, where a person is convicted of an offence under the Anti-Corruption Commission Act 1996, the courts will, in addition to handing out any one or more of the three general penalties spelt out above, order the convicted person to pay to the rightful owner the amount or value, as determined by the court, of any gratification received by him.54 Here, the court order is deemed to form part of the sentence.55 And where any gratification has been given by a person to or for or on account of an agent in contravention of any provisions of the Anti-Corruption Commission Act 1996, the principal can recover, as a civil debt, the amount or value of such gratification from the agent, and the acquittal of the agent or such other person in respect of the offence will not operate as a bar to any proceedings for the recovery.56