State opposes Malanji’s bail application pending appeal

The State has opposed an application by former Foreign Affairs minister Joseph Malanji for bail pending appeal. The former minister is currently serving a four-year sentence with hard labour after being convicted of corruption involving US$5 million. In opposing the application, prosecutors submitted that bail pending appeal is not an automatic right and is only granted in exceptional circumstances, which they argued are absent in Malanji’s case.

State advocate Angelica Mwanza told the court that the intended appeal does not raise new or substantial points of law but largely revisits factual issues that were already considered and dismissed during trial. She further argued that the sentence imposed is lawful and proportionate to the offence, adding that concerns about Malanji serving a substantial portion of his sentence before the appeal is determined are unfounded. The prosecution informed the court that appeals before the Economic and Financial Crimes Court are expected to be concluded within about five months.

Ms Mwanza also submitted that granting bail to a convicted person in a serious economic crime case could undermine public confidence in the justice system and weaken the finality of criminal judgments. Malanji’s conviction relates to funds that were intended for the purchase of a chancery in Turkey but were instead used to acquire helicopters and houses, which have since been forfeited to the State. Lusaka Magistrate Ireen Wishimanga has set Friday, February 6, for ruling on the application for bail pending appeal.