NON-CONVICTION ORDERS: A Tool to Unmasking Criminal Entrepreneurs
Professor Muna Ndulo., an international and comparative law expert, argues that non-conviction-based forfeiture is crucial in exposing criminal entrepreneurs.
Despite the Court of Appeal’s decision to uphold Sydney Mwansa’s appeal against such a forfeiture, Ndulo believes that non-conviction orders are often the only reliable method to identify those who profit from society’s vulnerability.
Non-conviction orders are essential in revealing individuals who benefit from criminal activities without being convicted of a crime.
This legal tool aids in addressing society’s exploitation and contributes to a fairer justice system for all.
Ignorance of the law and evolving jurisprudence on the issue of protecting society from criminal entrepreneurs by the Court of Appeal’s bench is troubling. Will the case law and legislation in other jurisdictions cited by Muna Ndulo help in broadening the thinking of these judges? I doubt it. I hope the DPP has appealed to the Supreme Court.
The court of appeal ruling in favour of Sidney Mwansa then flies right in the face of the forfeiture law. How then do we reconcile the two?
We have judges on the Court of Appeal bench who are not keeping abreast of the law on the global problem of illicit enrichment. Such judges need re-education or disciplining if the continue with their impudence. The Liatto case decided by the Supreme Court is instructive in this regard.