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The Lusaka Magistrates’ Court has directed jailed former Defence Minister, Geoffrey Bwalya Mwamba, to pay the government US$899,970 and K10 million following his conviction on multiple corruption-related charges.
Principal Resident Magistrate, Stanford Ngobola, issued the order, requiring Mwamba to pay $399,985 for count 10, $499,985 for count 11, and K10 million for count 12.
Failure to comply would result in the issuance of a warrant of distress.
Mwamba was convicted on October 9, 2024, on eight counts of conflict of interest, one count of money laundering, and four counts of possessing property suspected to be proceeds of crime.
The State applied for the payment order under Section 15(8) of the Forfeiture of Proceeds of Crime Act No. 19 of 2010.
Anti-Corruption Commission investigator, Masautso Mwale, disclosed in an affidavit that investigations revealed funds linked to counts 10–13 had been withdrawn from bank accounts held at Investrust Bank PLC and First Alliance Bank.
The accounts, including those tied to Germins Motorways Limited and Arizona Marketing and Distributors, showed minimal or no remaining balances.
The State argued that the court could issue a payment order as an alternative to forfeiture and warned that failure to recover the funds would prejudice the government.
Mwamba opposed the application, citing an ongoing appeal in the High Court.
His legal team argued that issuing the payment order could prejudice him if the appeal succeeded, referencing precedents emphasizing the need to await appeal conclusions before enforcement.
Magistrate Ngobola dismissed Mwamba’s objection, referencing the Leah Tekumwezo Mpondela v. The People case, which held that forfeiture applications could proceed despite pending appeals.
The court highlighted safeguards in Section 11(4) of the Forfeiture of Proceeds of Crime Act, ensuring forfeited property cannot be disposed of during an appeal.
Magistrate Ngobola ruled that due diligence had shown the funds could not be located, making a payment order the appropriate remedy.
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