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The High Court has set June 10, 2025, as the date for delivering judgment in the appeal case of businessman, Francis Muchemwa, popularly known as Intercity Commander 2 during the Patriotic Front regime.
Muchemwa is appealing his July 2024 conviction by the Economic and Financial Crimes Court, which found him guilty of possessing tainted property—including multiple vehicles and real estate—valued at K11 million. He was sentenced to three years’ imprisonment.
During the hearing before the Economic and Financial Crimes Division, Muchemwa’s legal team argued that he was subjected to an unfair trial and that the lower court erred in its handling of the case.
The defence submitted that the magistrate placed undue emphasis on procedural issues, particularly Muchemwa’s failure to file certain documents, rather than assessing whether the prosecution had met the required standard of proof.
“We are relying on our documents in support of the appeal,” stated the defence.
They further argued that the trial court failed to evaluate whether the prosecution had fulfilled its burden under Section 71(1) of the Forfeiture of Proceeds of Crime Act (FPOCA), which requires a balance of probabilities to establish reasonable suspicion.
Citing legal precedents including The People v. Austin Lyato (2014) and Sydney Mwansa v. The DPP (2021), the defence contended that the prosecution failed to clearly identify the specific offence committed or establish a connection between the alleged offence and the properties in question.
“The failure to clearly identify the offence should result in the appellant’s acquittal,” the defence submitted.
However, Anti-Corruption Commission (ACC) Senior Legal and Prosecutions Officer, Daniel Ngwira, opposed the appeal, urging the court to uphold the conviction.
Ngwira noted that the Commission filed its response on March 7, 2025, and stated that it would rely entirely on its heads of argument.
“The appellant has no valid defence,” he argued, adding that Muchemwa failed to utilize legal defences provided under the FPOCA Act No. 19 of 2010.
Ngwira said the prosecution had demonstrated that the properties acquired between January 2015 and August 2020 were not supported by Muchemwa’s known income and were therefore proceeds of crime.
The matter was heard by a panel of three High Court judges: Ann Malata-Ononuju, Ian Mabbolobbolo, and Pixie Yangailo.
The court is expected to deliver its judgment on June 10, 2025, at 09:00 hours.
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