By 
Former Foreign Affairs Minister, Joseph Malanji, has lost two helicopters and three houses following a Lusaka Magistrates’ Court ruling that granted their forfeiture to the State.
Principal Resident Magistrate, Ireen Wishimanga, approved the State’s application after Malanji was convicted and sentenced to four years in prison for corruption and possession of property suspected to be proceeds of crime.
The forfeited assets included a Bell 430 and Bell 206 helicopter, along with three houses—numbers 033, 269, and 270—in Silverest Gardens.
Read more: Malanji appeals four-year jail term, cites legal, factual errors in conviction
The court heard that the properties were purchased using funds believed to have been embezzled from the State. Evidence presented showed that over US$4.7 million was misappropriated, with the helicopters valued at US$2.1 million and the houses at US$50,000.
Magistrate Wishimanga ruled that the assets were “tainted” as they were acquired with proceeds of crime or co-mingled with such funds.
The State told the court that all notification requirements for third parties had been met, noting that Malanji, as director of Gibson Air Charters—the company linked to the helicopters—was aware of the proceedings.
However, Malanji’s legal team from Makebi Zulu Advocates opposed the forfeiture, arguing that third parties had not been properly notified and accusing the State of “forum shopping” due to related proceedings in South Africa.
The court found these objections insufficient to block the forfeiture, citing provisions of the Proceeds of Crime Act No. 19 of 2010 and relevant local case law.
Magistrate Wishimanga clarified that the ruling constituted forfeiture, not confiscation, explaining that the court only addressed assets deemed tainted and did not consider equivalent-value claims beyond those presented.
She further upheld the principle of proportionality, confirming that only assets linked to criminal proceeds were subject to forfeiture.
In a related case, co-accused former Secretary to the Treasury Fredson Yamba was denied bail pending the start of his three-year prison sentence.
Yamba was convicted for failing to follow proper procedures in authorising and transferring over K108 million for the purchase of property in Turkey—funds reportedly used by Malanji to acquire the forfeited assets.
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