On May 15, 2024, a high-level "Transformation Talk on Asset Recovery & Forfeiture" took place at the University of Zambia (UNZA) in Lusaka, which was attended by the ambassadors of Germany, Finland and the European Union, the Director General of the Zambian Anti-Corruption Commission (ACC), the Dean of UNZA, representatives of the Zambian National Prosecuting Authority (NPA), Transparency International, GIZ and “German Cooperation”, as well as numerous students and lecturers from UNZA. In his opening statement, the Director General of ACC emphasized the importance of the anonymous online whistleblower system developed in cooperation with the Twinning project, which represents a major step forward in Zambia's fight against corruption.
Two representatives of the Twinning project from IRZ and the Finnish agency HAUS then had the opportunity to discuss the differences and similarities between the various legal systems and practical issues relating to asset recovery and confiscation in a lively panel discussion with representatives of the ACC, the NPA and Transparency International. The discussion focused in particular on whether confiscation of assets without prior conviction can be a useful measure in the fight against organised crime and corruption, and whether the confiscation of unexplained wealth – for example by applying rules on reversing the burden of proof – could be introduced. All participants agreed that asset recovery and confiscation are important aspects in the fight against crime and that this topic is of great importance.
The lively participation of the audience in the discussion and numerous questions posed by students, lecturers and Zambian civil society showed that the topic is of great importance in the current political discussion in Zambia and must be pursued further – also with the participation of IRZ as part of the Zambian Twinning project.
“Strengthening the legal framework to promote investments” was the focus of a visit of a delegation from the Zambian Ministry of Justice led by the Zambian Solicitor General, Marshal Muchende, which was hosted by the IRZ Africa project area in Berlin on 20-21 September 2023.
The employees of the Zambian Ministry of Justice, the Zambia Law Development Commission, the Zambian Bar Association and the Chartered Institute of Arbitrators - Zambia Branch met various representatives of the judiciary in Berlin. The talks on issues around commercial law were held with several departments of the Federal Ministry of Justice, the German Chamber of Commerce and Industry, the Chamber for Commercial Matters at the Berlin Regional Court, the Senate Department for Justice and Consumer Protection of the State of Berlin and the Federal Bar Association, and discussions also explored the options of the legal framework conditions and reforms to promote investments, the design of commercial jurisdiction and the strengthening of alternative dispute resolution.
Zambia became a new partner state of the IRZ in 2023.
The IRZ and the Zambia Institute of Advanced Legal Education (ZIALE), organised a workshop for the first time on 20 June 2023 in Lusaka, Zambia, on the subject of “Optimisation of the duration of trials”. Approx. 25 judges from the high and local courts (high and subordinate courts) in Lusaka attended the event.
Ambassador Anne Wagner-Mitchell opened the event. In her introductory speech, she stressed the important role of the judiciary in strengthening good governance in Zambia. Ms. Katharina Rupp, expert in the INT-KOR department of the Federal Ministry of Justice, also highlighted in her welcoming speech that an orientation to a strong rule of law also makes an important contribution to stability and peace. Ms. Justice Mugeni Mulenga, Chairperson of the Chief Justice's advisory committee on training and a constitutional judge, followed on by emphasising the importance of an independent judiciary based on the rule of law.
From Zambia, Koreen Etambuyu Mwenda-Zimba and Twambo Musonda, both judges at the High Court, gave lectures on the legal framework and practical challenges in the processing of cases and question of the available options for judges to optimise the duration of trials.
The German experience was provided by Dr. Tobias Oelsner, presiding judge at the Berlin Regional Court. He highlighted the possibility of settlement and alternative dispute resolution in the broader sense also within the courts, as a mechanism for speeding up the process. This topic aroused great interest among the participants and led to some intensive discussions.
Zambia has been a partner country of the IRZ in bilateral cooperation since 2023. An on-site needs assessment was also carried out in parallel with the workshop.