By Patrick Chulu Legal Practitioners (PCLP) – Lusaka, Zambia
📞 +260 765 637 332 | +260 952 491 138
🌐 www.pclplaw.com
📧 info@pclplaw.com
-What Is Theft by Agent or Employee?
Did you know that if you are entrusted with money or property by your employer, client, or principal — and you use it for yourself — that act may amount to “Theft by Agent or Servant” under Sections 280–281 of the Zambian Penal Code?
This offence occurs when a person, who has been trusted with funds or property for another, dishonestly converts it for their own benefit. The law treats such actions as theft, even if the person intended to return the money later.
Once trust is broken, the law steps in — because the misuse of entrusted funds is not a mere mistake; it’s a criminal offence.
Key Legal Takeaway👉 Misusing entrusted funds = Criminal liability.
Many people mistakenly believe that using a client’s or employer’s money temporarily, with the intent to pay it back later, is acceptable. However, under Zambian law, intent to repay does not excuse the offence.
The legal system prioritizes trust, honesty, and fiduciary responsibility — values that form the foundation of employer-employee and agent-principal relationships.
Real-Life Examples
An employee who uses company funds to cover personal expenses.
An agent who collects payments on behalf of a client but delays or withholds transferring them.
A person who manages another’s property and sells it without authorization.
All these acts fall under theft by agent or servant, punishable under the Penal Code of Zambia.
Why This Matters
Whether you are an employer, employee, or business owner, understanding these provisions helps prevent disputes and legal exposure. Employers should establish clear financial accountability systems, while employees must respect the limits of their fiduciary duties.
If you are facing such a situation — whether you’ve been accused or are a victim — you should seek immediate legal advice.
How Patrick Chulu Legal Practitioners Can Help
At Patrick Chulu Legal Practitioners (PCLP), we are a Lusaka-based law firm specializing in Litigation, Dispute Resolution, and Insolvency Practice. Our experienced legal team provides advice and representation in matters involving employment misconduct, theft by agent or employee, and corporate fraud.
We can help you:
Understand your legal rights and obligations under the Penal Code.
Defend against criminal allegations or pursue justice for misused funds.
Resolve workplace or commercial disputes efficiently through legal or alternative dispute resolution processes.
Contact Us
📞 Phone: +260 765 637 332 | +260 952 491 138
📧 Email: info@pclplaw.com
🌐 Website: www.pclplaw.com
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. For specific legal guidance on your situation, please consult a qualified legal practitioner.