Disputed truck puts spotlight on Zambia’s fight against illegal logging

By Gibson Zulu

A dispute over a truck seized in an illegal timber case has raised questions about the evidential hurdles authorities can face when seeking to confiscate property allegedly connected to environmental offences.

The Mambwe Circuit Court in Eastern Province ordered 190 timber planks forfeited to the State in July but directed that a Tata truck seized in the same case be returned to an interested party, after finding that the State had failed to provide sufficient evidence of the party’s involvement in the offence.

The State subsequently filed a notice of intention to appeal against the decision to return the vehicle.

The dispute followed the conviction earlier this year of four men for unlawful possession of forest produce after they were found with 190 assorted timber planks in Mambwe district.

Patrick Mwanza, 41, Paul Mbao, 45, Rodgers Mbewe, 23, and Nelson Phiri, 18, were arrested in the Kamwanjili area on December 12, 2025, by officers from the Department of National Parks and Wildlife (DNPW) and the Forestry Department.

According to DNPW, the men were found in possession of assorted planks of Mupapa, Muzumba and Shaumbo. Officers also seized a white and dark blue Tata truck in connection with the case.

The four were charged with unlawful possession of forest produce, contrary to Section 89, as read with Section 99, of the Forest Act No. 4 of 2015.

Mbewe pleaded guilty on May 21, 2026, and was convicted and fined K6,000, which he subsequently paid.

Mwanza, Mbao and Phiri pleaded not guilty and went on trial. On June 3, the court convicted all three. Mwanza was fined K10,000, while Mbao and Phiri were each fined K8,000. They subsequently paid the fines.

Following the convictions, the State applied for both the timber and the Tata truck to be forfeited.

But in a ruling delivered on July 29, the court drew a distinction between the timber involved in the offence and the vehicle.

It ordered the 190 timber planks forfeited to the State but directed that the truck be restored to the interested party.

The court found that prosecutors had not presented sufficient evidence to demonstrate that the interested party was involved in the commission of the offence.

“It is cardinal to note that the applicant has the evidential burden to show that the interested party was involved in the commission of the offence,” the court said.

The court also found that the fact that the truck had been found in Mambwe did not, by itself, establish the interested party’s involvement in the offence. The State filed a notice of intention to appeal against the ruling on the truck on August 5, according to DNPW.

DNPW’s statement does not identify the interested party or provide further details about the grounds on which the State intends to challenge the ruling. It also does not state whether a substantive appeal has since been filed or whether the truck has been returned.

Wider pressure on Zambia’s forests

The case comes as Zambia continues to record significant forest loss.

According to figures provided by the Forestry Department, the country loses an estimated 172,000 hectares of forest to deforestation each year, while a further 38,400 hectares are affected by forest degradation annually.

The department identifies agricultural expansion and wood extraction among the main drivers of deforestation.

As of 2021, forests covered about 60% of Zambia, or approximately 45.5 million hectares, according to the department.

DNPW says illegal harvesting and trafficking of valuable timber species contributes to deforestation, habitat destruction and ecosystem degradation.

However, the Mambwe case alone does not establish the extent to which illegal timber harvesting contributes to Zambia’s overall rate of forest loss.

The Forestry Department says its efforts to combat deforestation are constrained by limited staffing, inadequate transport and insufficient access to modern technology, which affect its ability to conduct regular and comprehensive patrols.

It has also identified the absence of a dedicated law-enforcement unit and specialised law-enforcement training among the challenges facing forest protection.

The government says it is responding through community forest management, forest restoration, law enforcement and increased use of remote sensing and drone technology to monitor forest resources.

According to the Forestry Department, 439 Community Forest Management Groups are managing about 11.5 million hectares of forest, while approximately 8.8 million hectares with restoration potential have been mapped.

Conservation organisations have also argued that reducing pressure on forests requires addressing the economic circumstances that lead some communities to depend on forest resources for income.

DNPW and the Forestry Department say they remain committed to combating illegal logging and other environmental crimes and have urged citizens to report suspected illegal activities.

The details of the Mambwe prosecution and the State’s notice of intention to appeal were contained in a statement issued by DNPW.