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The Lusaka High Court has upheld the conviction and sentencing of 21 Chinese nationals for cyber-related crimes, affirming penalties handed down by the Magistrates’ Court for offences that included computer-related misrepresentation, identity fraud, and operating without a network licence.
The convicts, who were arrested in April 2024 in Lusaka, were each sentenced to a total of seven years imprisonment and fined K90,000.
The court confirmed that the sentences were appropriate given the gravity of the offences and their impact on the Zambian public.
Presiding over the appeal, High Court Judge Bonaventure Mbewe ruled that the sentences imposed were neither excessive nor unjust, citing the growing threat of cybercrime in Zambia as an aggravating factor.
Among those convicted was Li Xianlin, described as the mastermind of the operation, who received the stiffest punishment.
He was sentenced to an additional four years imprisonment and fined an extra K50,000 for operating an unlicensed communication network, bringing his total sentence to 11 years behind bars and a fine of K140,000.
The case involved a coordinated scam operation in which the accused used computer systems to manipulate or fabricate data and to steal identities of unsuspecting individuals.
Investigators uncovered that the operation was run without a valid communication service license, under a company called Golden Top Support Services in Roma
The group pleaded guilty to all charges, and through their lawyers from the Legal Aid Board, they appealed for leniency, arguing that they were first offenders, had shown remorse, and did not waste the court’s time.
However, Justice Mbewe maintained that the sentences were appropriate and served the dual purpose of punishment and deterrence.
“While I agree that the accused persons pleaded guilty and that many are youthful first offenders, I also agree with the lower court that the rampant nature of cybercrime warrants stern punishment,” Justice Mbewe said in his ruling.
He added that although courts must consider mitigation and potential for reformation, these must be balanced against the harm caused to the public and the need to uphold public trust in digital security.
Still, the court granted a partial reprieve: it ordered that certain personal belongings seized during investigationssuch as a motor vehicle, iPads, mobile phones, travel documents, and two pistols (if licensed) be returned to the appellants, excluding any recovered cash and equipment linked to the unlicensed company.
The appeal was ultimately dismissed, with the High Court affirming all sentences. However, the court granted the convicts leave to appeal to a higher court.
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