State opposes Malanji’s bid for bail, says appeal has no chance of success

The State has opposed an application by former Minister of Foreign Affairs, Joseph Malanji, to be admitted to bail pending appeal, arguing that the four-year sentence imposed on him is lawful, moderate and unlikely to be substantially served before the appeal is determined.

In an affidavit sworn by Principal State Advocate, Angelica Mwanza, the State contended that bail pending appeal was not a right but an exceptional remedy granted only in rare and deserving circumstances.

Mwanza told the court that the mere filing of an appeal did not guarantee a convicted person bail and maintained that Malanji’s intended appeal had no likelihood of success.

She argued that the grounds raised related largely to issues of fact and evidentiary assessment which were fully considered and determined by the trial court.

The State rejected claims that the appeal raised novel questions of law, stating that the legal principles governing offences under the Forfeiture of Proceeds of Crime Act were settled and were properly applied.

It further contended that Malanji was convicted after a full trial, during which he was lawfully required to provide a reasonable explanation for possession of certain properties—an explanation the court found unsatisfactory.

Mwanza also dismissed Malanji’s attempt to distance himself from the actions of companies linked to him, arguing that this defence was raised, considered and rejected at trial and does not constitute grounds for bail pending appeal.

On the sentence, the State submitted that the four-year term was proportionate to the gravity of the offences and did not amount to a short sentence that would be substantially served before the appeal is heard.

It added that the Economic and Financial Crimes Court was a fast-track court mandated to determine appeals within five months.

Read More: Court inflicts more pain on jailed ex-minister, Malanji, orders forfeiture of helicopters, houses to government

With the notice of appeal filed on September 10, 2025, the State argued that the process was already within the prescribed timeline.

The State warned that granting bail would prejudice the prosecution and undermine the finality of criminal proceedings, insisting that Malanji had failed to demonstrate any exceptional circumstances warranting his release.

“That the Applicant has not demonstrated any exceptional circumstances whatsoever to justify the grant of bail pending appeal,” Mwanza submitted.

Malanji was convicted in a case involving the forfeiture of assets, including Bell 430 and Bell 206 helicopters and houses numbered 033, 269 and 270 in Silverest Gardens.

The court heard that the properties were acquired using funds believed to have been embezzled from the State, with evidence showing that more than US$4.7 million was misappropriated.

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