MALANJI APPEALS AGAINST HIS 4 YEAR JAIL TERM

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MALANJI APPEALS AGAINST HIS 4 YEAR JAIL TERM

Former Foreign Affairs Minister JOSEPH MALANJI has appealed against his four year jail term for possession of properties deemed to be proceeds of crime.



Mr. MALANJI has raised 13 grounds in the appeal filed in the LUSAKA High Court.

And, Mr. MALANJI has opposed the application by the State for the forfeiture his two helicopters and other properties deemed to be proceeds of crimes.



Mr. MALANJI has asked the LUSAKA High Court to dismiss the application by the state to forfeit his helicopters and three house in LUSAKA’s Silverest area deemed to be proceeds of crime.


He has argued that the state’s application is legally unsustainable because he has appealed against his conviction for possession of properties deemed to be proceeds of crime.



Mr. MALANJI also wants the court to determine whether his properties can be forfeited without resolving the interest of third parties.



The state has cross appealed against the jail terms of Mr. MALANJI and former Secretary to the treasury FREDSON YAMBA for proceeds of crime and wilful failure to follow procedure in the disbursement of public funds.



In the Cross Appeal, Director of Public Prosecutions- DPP- GILBERT PHIRI has raised three grounds of appeal, countering the decision of the lower court



Mr. PHIRI has contended that the trial court erred by sentencing Mr. MALANJI and Mr. YAMBA for four and three years respectively as their case had aggravating factors.



He has further argued that the lower court erred in law by acquitting Mr. Malanji on five counts where he was cited of possessing Gibson Royal Hotel in Kitwe, deemed to be proceeds of crime.

ZNBC

4 COMMENTS

  1. Yes he should appeal to a higher court so that the higher court can increase his sentence. 4 years is too little for that amount of theft.

  2. I completely agree with him!!!! This is unfair! A goat thief is jailed for 15 years. He wants to go down in history as the biggest thief. He wants an equitable jail term too. 4 years when he was expecting 25 with hard labour???? The judge erred in law. Where in the constitution of Zambia does such unbridled pillaging of public finances go for 4 years? We need to investigate this judge. There is incompetence here even if we are not lawyers. Common sense and the spirit of natural justice can easily be applied here.

    Malanji needs a minimum of 25 years. If it’s not in the constitution then Zambia is a banana republic.

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