The Court of Appeal has upheld a decision permitting the Director of Public Prosecutions (DPP) to file an appeal out of time in the high-profile Honey Bee Pharmacy case involving former Health Minister Chitalu Chilufya and others.
The ruling relates to the 2021 acquittal of Dr Chilufya and eight co-accused in a matter involving the supply of 22,500 health centre kits valued at US$17 million.
Court of Appeal Deputy President Chalwe Mchenga dismissed a challenge against the High Court’s earlier decision, which had granted DPP Gilbert Phiri leave to appeal out of time.
Justice Mchenga ruled that the High Court’s decision was interlocutory in nature and therefore not subject to challenge, describing the application before the appellate court as incompetent.
The case stems from a September 30, 2025 ruling by the Economic and Financial Crimes Division of the High Court, which ordered the reopening of the Honey Bee matter.
In his submissions, Mr Phiri argued that the 2021 acquittal was irregular, stating that it was entered before pleas were taken on all counts and without the consent of the prosecution.
Following that decision, Honey Bee Pharmacy Limited and other parties sought to challenge the High Court’s ruling in the Court of Appeal, prompting the latest judgment.
The development paves the way for the matter to be revisited in court as legal proceedings in the long-running case continue.
