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S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe
S V Lifumbela And Others 2022 (1) Nr 205 (Sc), Dunia P. Zongwe
SAIPAR Case Review
The Lifumbela case stems straight from the High Treason Trial, Namibia’s longest and – probably – most expensive judicial saga. In S v Lifumbela, the Supreme Court of Namibia had to settle an appeal against the convictions and sentences of 30 accused implicated in the High Treason Trial. Despite the big stakes involved in this matter, the apex court did not manage to rise to this once-in-a-lifetime occasion and seize this historic moment.
By confirming that the appellants committed high treason, murder, and attempted murder on the basis of conspiracy (i.e., an incomplete crime), the Namibian Supreme Court upended the …
The People V Ronald Kaoma Chitotela Sspd/034/2022, Muna B. Ndulo, Milimo Moyo
The People V Ronald Kaoma Chitotela Sspd/034/2022, Muna B. Ndulo, Milimo Moyo
SAIPAR Case Review
In a recent decision, Magistrate Jennipher Bwalya sitting in Zambia's Economic and Financial Crimes Court (EFCC) discharged former tourism minister Ronald Chitotela in a case he was arrested for, on two counts of possessing property reasonably suspected to be proceeds of crime. Chitotela's arrest had been at the hands of the Anti-Corruption Commission (ACC). In 2019, the ACC had signed a consent settlement with Chitotela which, apparently, gave the EFCC a basis for discharging Chitotela. Chitotela raised a preliminary issue before the EFCC, asking Lusaka magistrate Jennipher Bwalya to dismiss the matter he was recently arrested for, arguing that, under …