PROFESSOR of International and Comparative Law Muna Ndulo says the Court of Appeal’s decision to uphold Sydney Mwansa’s appeal against a non-conviction-based forfeiture was wrong. And Prof Ndulo says that non-conviction orders are often the only means to reliably identify criminal entrepreneurs who profit at society’s expense. In a case comment article titled “Sydney Mwansa v. Director of Public Prosecutions (DPP) and Non-Conviction based forfeiture Orders” recently, Prof Ndulo argued that the Court of Appeal failed to realize that the core element of non-conviction forfeiture was the lack of requirement for the state to show that an offense has been committed. “This was an appeal against a non-conviction forfeiture order given by the High Court of Zambia in respect of...

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