Criminalising possession of unexplained wealth by public officials: legal perspectives from Zambia

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Date

2014

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

This paper attempts a comprehensive analysis of the offence of illicit enrichment in Zambia. It focuses on how the offence fits into the broader legislative framework in Zambia. More importantly, the paper addresses aspects of the offence related to the presumption ofinnocence, the protection against self-incrimination and the presumption of legality in the light of the Zambian Constitution to determine whether the concerns raised are legitimate. Also, considering the potential effectiveness of criminalising illicit enrichment by public officials, this study investigates whether the law in Zambia can be implemented to balance the constitutional rights of the accused and the right of society to recover illicitly obtained wealth. Finally, the research seeks to determine the possible challenges of implementing and prosecuting the offence, and its efficacy in the fight against corruption in Zambia.

Description

Magister Legum - LLM

Keywords

Corruption, Burden of proof, Presumption of innocence, Illicit enrichment

Citation