By 
Zambian Chief Justice, Dr Mumba Malila, says courts must ensure that corruption and other economic and financial crime cases are concluded quickly so that illicitly acquired public assets can be recovered and returned to the public.
Speaking during the opening of the Workshop on Adjudicating Money Laundering and Corruption Matters in Southern and East Africa in Livingstone, the Chief Justice said timely disposal of such cases was critical to strengthening accountability and public confidence in the justice system.
“Our courts must ensure that cases bordering on corruption and other economic and financial crimes are dealt with expeditiously so that, where appropriate, illicitly acquired public assets are recovered and quickly returned to the owners, that is the public, for its use,” Malila said.
He noted that quick resolution of cases would also prevent suspects from carrying the stigma of allegations for prolonged periods.
“As well as instilling public confidence in the fight against economic and financial crimes and dissuading others from engaging in this vice, dispatch in concluding these cases also ensures that those facing corruption and similar allegations do not carry the burden and stigma for too long before their fate is determined,” he said.
Malila said many countries across the world were grappling with the illicit loss of national resources through crimes such as corruption, money laundering, fraud, embezzlement and abuse of public funds.
“These and kindred crimes have been a stealthy plague that has had a wide range of corrosive effects on national economies and has generated considerable social damage to human societies,” he said.
He added that economic and financial crimes required careful investigation, specialised prosecution and effective adjudication if the rule of law was to be upheld.
Malila observed that delays in concluding such cases had historically undermined accountability and allowed some offenders to escape justice on technicalities.
“Besides delays, until recently criminal prosecutions appeared to have been very ineffectively undertaken with many people escaping accountability on technicalities. The longer matters dragged on, the more the wind was removed from the sails of their accountability vehicle,” he said.
He cited the case of Stella Chibanda & 3 Others v The People as an example of prolonged litigation, noting that the accused persons were arrested in 2004 but only began serving their sentences nearly two decades later after their convictions were upheld in 2022.
Malila said such delays demonstrated the need for reforms within the justice system.
He explained that following his appointment as Chief Justice in December 2021, the Judiciary embarked on reforms aimed at improving efficiency and strengthening accountability.
Among these reforms was the creation of the Economic and Financial Crimes Court as a specialised division of the High Court of Zambia in January 2022.
He said the specialised court was established to fast-track corruption and financial crime cases and reduce delays in the justice system.
Malila, however, emphasised that while the courts were designed to operate on a fast-track basis, they still upheld constitutional guarantees of fair trial and due process.
“Every accused person appearing before them is entitled to be afforded sufficient time and facility to put up his or her defence,” he said.
He also urged investigators and prosecutors to conduct thorough investigations before bringing suspects before court.
“Some cases collapse owing to poor investigation and a poor attempt in piecing together the material evidence. It is not the role of these courts to make cases for the prosecution or to repair broken cases,” Malila said.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments