Africa-Press – Zambia. Lusaka Acting Chief Resident Magistrate Irene Wishimanga has set Friday this week to rule on whether to grant former foreign affairs minister Joe Malanji bail pending appeal or not.
Mr. Malanji is serving a 4-year prison sentence for acquiring properties established to be proceeds of crime, including two helicopters and houses in Silverest, among others, linked to funds allocated for a Zambian chancery in turkey.
Magistrate Wishimanga set the ruling date after the state opposed Mr. Malanji’s bail application, arguing that the mere lodging of an appeal does not entitle him to bail as of right and that he has not demonstrated delay in hearing the appeal.
The state added that bail pending appeal is an exceptional remedy, that the economic and financial crimes court operates on a fast-track timetable, and releasing Mr. Malanji is prejudicial to the prosecution.
However, the defence argued that the appeal raises novel points of law, undermining the conviction, and that the trial magistrate misapplied corporate personality principles.
They claim factual findings linking Mr. Malanji to the source of funds were unsupported by the record, contend there is a realistic prospect of success on appeal, and that Mr. Malanji faces serving a substantial portion of his sentence if bail is refused.
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