National Prosecution Authority wants Malanji, Yamba’s jail terms increased
THE National Prosecutions Authority (NPA) has asked the Court of Appeal to increase the prison sentences imposed on former Foreign Affairs minister Joe Malanji and former secretary to the treasury Fredson Yamba, arguing that the punishments were too lenient considering the seriousness of their offences and the magnitude of public funds involved.
The appeal from the NPA is a cross appeal in the ongoing proceedings, following an earlier appeal by the Director of Public Prosecutions (DPP) Gilbert Phiri, who is challenging the sentences and seeking to overturn Malanji’s acquittal on a count involving possession of the Royal Gibson Hotel.
In September last year, Malanji exchanged his sleek designer tailor made suits for a plain orange garment after the Economic and Financial Crimes Court (EFCC) sentenced him to four years imprisonment for possessing property reasonably suspected to be proceeds of crime, while Yamba was sentenced to three years for wilfully failing to comply with procedures relating to the management of public funds.
Malanji was convicted on seven counts of possessing property reasonably suspected to be proceeds of crime, involving two helicopters, cash amounting to US$110,000 and US$105,000 and three houses in Lusaka’s Silverest Gardens.
Yamba, on the other hand, was convicted on two counts of wilfully failing to comply with the law relating to the management of public property after authorising the transfer of K108,401,197 and K45,800,000 to the Zambian Mission Account in Turkey for the procurement of real estate without following laid down procedures.
The court heard that the funds, amounting to approximately K154.2 million were transferred between January 2020 and August 2021 without the necessary approvals from Parliament, the Attorney General and the Zambia Public Procurement Authority.
During the trial, investigators also presented evidence that Malanji, once known for his extravagant lifestyle as “Bonanza” travelled to Turkey and returned to Zambia aboard a presidential aircraft with US$4.6 million, which was intended for the purchase of a chancery for the Zambian mission but was diverted.
A Turkish embassy driver testified that he personally loaded the cash onto the aircraft assigned to Malanji.
The prosecution further alleged that the former minister used the money to acquire expensive assets, including a Bell 430 helicopter and a Bell 206 Jet Ranger, which were reportedly stashed in South Africa and Zimbabwe before being recovered through court processes.
Malanji had maintained that his wealth came from business activities through his company, Gibson Power Systems, including alleged contracts with China Civil Engineering Corporation and Mass Investment Group Sarl.
However, acting principal resident magistrate Irene Wishimanga found that he had failed to provide credible documentary evidence proving that he acquired the properties using legitimate income.
During mitigation, Malanji pleaded for a non custodial sentence, telling the court through his lawyer that he was remorseful and a first offender.
Yamba also sought leniency, with his lawyer, Luckson Mwamba, arguing that his client had intended to help government acquire property at a cheaper price and had served the country diligently for 10 years as secretary to the treasury.
The court, however, imposed custodial sentences on both men, with the sentences in each case ordered to run concurrently.
Meanwhile, the court acquitted Malanji on the charge relating to possession of the Royal Gibson Hotel, ruling that the State had not provided sufficient facts to establish reasonable suspicion that the property was proceeds of crime.
However, the NPA has now challenged the sentences and part of the judgment, arguing that they were manifestly inadequate, wrong in principle and failed to reflect the gravity of the offences.
“My Lords and Lady, we submit that the Trial Court ought to have imposed the statutory maximum, in consideration of the seriousness of the offences and the colossal sums involved,” the NPA state in .
“My Lords and Lady, we submit that the sentences were wrong in principle, wholly inadequate and must induce a sense of shock when measured against the scale of public funds diverted.”
The NPA adds that the sentences failed to promote deterrence and undermined public confidence in the justice system.
In the second ground of appeal, the authority is challenging Malanji’s acquittal on the count involving possession of the Royal Gibson Hotel.
The NPA also argues that the trial court erred in law when it acquitted him on the basis that there were no articulable facts to support reasonable suspicion that the hotel was proceeds of crime.
According to the cross appeal, Gibson Power Systems obtained three credit facilities from First National Bank between 2013 and 2015, using the Royal Gibson Hotel as security.
The authority says on October 22, 2020, Malanji travelled to Morocco and returned three days later before depositing K10,203,000 into the company’s Stanbic Bank account between October 26 and 30, 2020.
The NPA further argues that K10 million was subsequently transferred from Stanbic Bank to FNB to liquidate the credit facilities and discharge the mortgage on the hotel.
It contends that the trial court disregarded banking evidence from Stanbic and FNB witnesses, as well as documentary exhibits, which allegedly established reasonable suspicion that the hotel was linked to proceeds of crime.
The authority also argues that investigators found no traceable commercial activities by Malanji in Morocco that could explain the source of the K10 million.
It submits that Section 71(1) of the Forfeiture of Proceeds of Crime Act criminalises possession of property reasonably suspected to be proceeds of crime, adding that the law does not require proof of the underlying offence.
“The law requires only suspicion based on articulable facts, not proof beyond reasonable doubt,” the NPA argues, citing the Supreme Court case of The People v Austin Liato.
The authority further contends that even if the hotel was initially acquired legitimately, using suspected proceeds of crime to service its mortgage tainted the property.
By Kalemba
Chi Kondi November 1, 2026