Zambia court allows appeal against Chilufya and HoneyBee acquittal

The Economic and Financial Crimes Court (EFCC) has ruled that the Director of Public Prosecutions’ appeal against the acquittal of former Health Minister Chitalu Chilufya and HoneyBee Pharmacy Limited is ready to proceed.

Respondents, including HoneyBee Pharmacy and its directors Zakir Hussain Motala, Imran Lunat, and Abdurrahim Motala, sought to dismiss the appeal, arguing that the DPP failed to file the Record of Appeal and heads of argument within statutory periods. However, a three-member judicial panel dismissed the application, determining that the delays were not attributable to the DPP.

The court noted that a related legal challenge regarding an extension of time to appeal required resolution first and clarified that the expiration of standard timelines does not strip the court of its jurisdiction. The ruling also addressed procedural technicalities, stating that the initial filing of the Notice of Appeal in the Subordinate Court Registry complied with the Criminal Procedure Code.

The DPP is appealing the January 2021 acquittal of Dr. Chilufya and eight others involving criminal counts related to the HoneyBee medical procurement scandal.