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The Director of Public Prosecutions (DPP) has filed an application in the Economic and Financial Crimes Court seeking the forfeiture of 39 containers of Mukula logs allegedly exported in violation of Zambia’s timber export ban.
The State is pursuing the matter under the non-conviction–based forfeiture regime and is asking the court to declare both the Mukula and the containers as proceeds of crime.
According to court documents, 23 of the 40-foot containers were intercepted at Chirundu Border Post in Southern Province, while 16 others were seized at Burton Military Camp in Mongu, Western Province.
Read more: Director of Public Prosecutions seeks forfeiture of over 43,000 Mukula logs to state
The State has listed Dongguan Baichang Co. Limited of China, ACK General Suppliers Limited and its shareholder Ackson Tembo, Huang P. Agri Investment Limited and Kariki Investment Limited as interested parties.
In his affidavit, DEC senior investigations officer Fegurson Kombe told the court that investigations began on October 19, 2021, following an anonymous report. Kombe stated that Zambia imposed an export ban on Mukula and other timber species in 2017 to curb illegal harvesting.
He further referred to a May 2020 ministerial statement by former Lands and Natural Resources Minister Jean Kapata, which designated the Zambia Forestry and Forest Industries Corporation (ZAFFICO) as the sole authorised purchaser and exporter of legally harvested Mukula.
Kombe said an analysis of a contract dated June 14, 2021, showed ZAFFICO as the seller and Dongguan Baichang Co. Limited as the buyer, with each 40-foot container valued at US$13,400.
He alleged, however, that the Chinese company was not registered with PACRA, despite engaging in commercial activities in Zambia. A power of attorney was reportedly issued to ACK General Suppliers Limited, authorising it to transact on behalf of the foreign firm.
He further stated that investigations established that K799,950 was deposited before ZAFFICO made the Mukula available, which he said was contrary to Article 2 of the contract of sale.
Kombe told the court that on August 10, 2021, 23 trucks dispatched from Lusaka arrived at Chirundu without export permits or the required statutory documentation.
This prompted the late Chirundu District Forestry Officer, Billy Munthali, to detain the consignment on August 20, 2021, for violating the Forests Act No. 4 of 2015 and the Forests (Export of Timber) Regulations, Statutory Instrument No. 94 of 2015.
The missing documents reportedly included timber export permits, conveyance licences, phytosanitary certificates, commercial invoices and CITES certificates.
An earlier application for forfeiture of the Chirundu consignment was granted on September 15, 2021, and the transporters were each fined K60,000.
Kombe added that several individuals were later arrested for attempting to export timber without a permit and for abuse of authority.
Those arrested included Ackson Tembo, Mr Aongola and Colonel Muwanie, as well as members of the CJOC subcommittee, among them Brigadier General Wails Mulenga, Never Njovu and Forestry Director Ignatius Makumba. They were acquitted on August 23, 2024, but the State has since appealed.
According to the application, the DPP is now seeking the forfeiture of the 39 containers and their contents on grounds that they constitute tainted property and proceeds of crime.
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