COURT DENIES MALANJI BAIL PENDING APPEAL, ORDERS CONTINUED CUSTODY

COURT DENIES MALANJI BAIL PENDING APPEAL, ORDERS CONTINUED CUSTODY

Lusaka | February 6, 2026 – The Lusaka Magistrates’ Court has dismissed an application for bail pending appeal by former Minister of Foreign Affairs Joseph Malanji, ruling that he remains in lawful custody as his appeal against conviction and sentence proceeds.

Mr. Malanji was convicted in September 2025 on seven counts of possession of property reasonably suspected to be proceeds of crime, contrary to section 71 of the Forfeiture of Proceeds of Crime Act No. 19 of 2010, and sentenced to four years’ imprisonment with hard labour.

In support of the application, Counsel for the Applicant, Mr. Chandiwira Nyimbili of Makebi Zulu Advocates, argued that the intended appeal raised novel points of law, including claims that the trial magistrate misapplied principles of corporate personality, and contended that there was a risk the Applicant could serve a substantial portion, or the entirety, of his sentence before the appeal is determined. The application also cited concerns relating to the timing of the delivery of judgment and the evaluation of evidence at trial.

The state, represented by State Advocates Favour Chishiba Zimba and Chongo Mvula from the General and Appeals Department of the National Prosecution Authority, opposed the application. The State submitted that bail pending appeal is an exceptional remedy that must be granted sparingly. It argued that the grounds advanced amounted to a disagreement with the trial court’s factual findings rather than errors of law and did not demonstrate a likelihood of success on appeal.

The State further noted that the statutory framework governing appeals before the Economic and Financial Crimes Court ensures expeditious disposal, negating any genuine risk that the Applicant would serve a substantial portion of his sentence before the appeal is heard.

In a ruling delivered today, Chief Resident Magistrate Honourable Irene Wishimanga found that the Applicant had failed to establish exceptional circumstances warranting the grant of bail.

The Court held that the intended appeal, including the claimed novel points of law and arguments regarding corporate personality, did not disclose strong prospects of success. The Court also ruled that the concern about serving a substantial portion of the sentence was speculative and not sufficient to justify bail pending appeal.

The application was accordingly dismissed, and Mr. Malanji remains in custody.

NPA