A commentry on the confiscation regime in Zambia by way of review of the forfieture of proceeds of crime ACt of 2010

Abstract

This research endeavours to give provide a commentary on the confiscation regime in Zambia by reviewing the Forfeiture of Proceeds of Crime Act of 2010. In order to do this the essay has highlighted the challenges faced by authorities around the world when implementing forfeiture laws and has also looked at the justification and rationale for such laws. The essay looked at the origins of forfeiture laws from middle age England and proceeded to look at the previous legislation that governed forfeiture and confiscation of illegally obtained wealth in Zambia. The essay analyses in detail the important sections of the Act, these include section 4, sections 10-12, sections 24, 29 and sections 71, 72 and 78. The research analyses how they are meant to work, the possible pitfalls and the possible areas of reform. Finally the essay analyses the judicial decisions that have been made around the world regarding forfeiture and confiscation laws and how these decisions may be applied to the Zambian legislation. The research concluded that there are obstacles and challenges to the application and the very existence of forfeiture and confiscation laws. Despite these obstacles an increasing number of jurisdictions across the world have implemented such laws. The judiciary in all these countries have upheld these laws simply because of the perceived important and pivotal role the laws play in the fight against graft and abuse of power. The Forfeiture of Proceeds of Crime Act of 2010 will probably face many challenges in its application. However this will not detract its importance or its perceived necessity because the judiciary just like in other jurisdictions around the world will protect these laws. The objectives of this research have been achieved by analysing the applicable laws and judicial decisions, scholarly articles, magazine articles as well as the internet. There are obstacles and IV

serious challenges that plague any law that aims to deprive private citizens of their property regardless of how that property may have been obtained. However the perceived importance of such laws has in most instances allowed the judiciary to find ways to look past such obstacles or challenges.