Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good

September Review

September turned up the heat in the courts, from an extraordinary witchcraft plot against President Hakainde Hichilema to the former first family losing yet another battle over the late Edgar Lungu’s remains.

Here’s a detailed review of the month’s headline-making cases.

The People v Candude, Phiri

It was a courtroom drama fit for a political thriller. Magistrate Fine Mayambu sentenced two men to two years in prison for conspiring to kill President Hichilema using witchcraft.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; July, 2025

Mozambican Jasten Mabulesse Candude and Zambian Leonard Phiri were convicted for professing witchcraft and possession of charms. They will serve two years concurrently from December 2024.

The prosecution revealed chilling details: the men allegedly conspired with fugitive former MP Emmanuel Jay Banda, who promised them K13.5 million to carry out the plot. Phiri even described the mission bluntly as “kupa”—to kill.

The men travelled across borders, camped separately, and planned meticulously before being arrested. Magistrate Mayambu stated that their intentions extended beyond instilling fear.

“The convicts were not only targeting the President, but they also became enemies of all Zambians. Had their mission succeeded, it would have destabilized the nation politically and economically,” he ruled.

Despite pleas for leniency, the court dismissed their mitigation, underlining the seriousness of attempting to assassinate a Head of State even through sorcery.

Esther Lungu v Attorney General

The late Sixth President Edgar Lungu’s family suffered another legal defeat in South Africa after the Gauteng High Court dismissed their bid to stop the Zambian government from repatriating the former president’s body.

Deputy Judge President Aubrey Ledwaba and two other judges rejected the family’s arguments, finding no reasonable prospects of success. The court reaffirmed its earlier ruling that the state had the right to organise a state funeral for a former Head of State.

The family, led by former First Lady Esther Lungu and represented by renowned lawyer Tembeka Ngcukaitobi, had argued that as heirs, they held exclusive burial rights under common law.

They further contended that South African law should apply since the body lay in Pretoria, and cited an alleged agreement (FAA7) which they claimed excluded state involvement in the repatriation.

But the court found no merit in the claims. Zambia’s Attorney-General Mulilo Kabesha successfully argued that Lungu’s status entitled him to burial benefits at state expense. The court also dismissed the relevance of contracts over a corpse, warning that such disputes should not trivialise the dignity of the dead.

The application was dismissed with costs, including fees for two senior counsel. However , government and the family are currently in talks.

Munir Zulu v Attorney General & Others

Former Lumezi MP Munir Zulu, now serving a 12-month sentence for criminal libel, has shifted his fight from Parliament to the courtroom.

He petitioned the Lusaka High Court, alleging humiliating and degrading treatment at Mwembeshi Correctional Facility.

Zulu claims he was repeatedly forced to strip naked in front of fellow inmates between September 7 and 13, an ordeal he described as “psychologically damaging.”

He also accused prison officers of denying him access to money brought by visitors, a privilege traditionally granted to inmates.

He singled out four officers—Sarmakai, Tichaona, Luneta, and Shamzumba—as perpetrators of the degrading treatment.

His petition cites breaches of constitutional rights, including protection against inhuman treatment (Article 15), the right to privacy (Article 17), and the right to property (Article 16).

Zulu is seeking declarations that the officers’ actions were unlawful and an order to stop the alleged mistreatment.

The People v Chishimba Kambwili

Patriotic Front stalwart Chishimba Kambwili is back in the dock. The Lusaka Magistrates’ Court has set November 27, 2025, as the date for the commencement of his defence in a case of unlawful assembly.

Kambwili, who entered court visibly weak and leaning on aides, was placed on his defence after Magistrate Kawana Mwamfuli found a prima facie case against him.

He was jointly charged with Charles Kakula for unlawful assembly and riotous behaviour. Kakula faced an additional charge of hate speech but was discharged by the state in May.

The case is from events on January 26, when Kambwili allegedly convened a gathering deemed unlawful by the authorities. While critics call the charge political persecution, the state insists the law applies equally.

The People v Francis Kapwepwe

Blogger Francis Kapwepwe, better known as Why Me, continues to draw attention both online and in court. His hate speech trial hit a snag after Magistrate Andrew Mungala recused himself, citing professional reasons.

The case was reassigned to Principal Resident Magistrate Idah Phiri.

Kapwepwe, 29, is accused of using TikTok broadcasts to insult Vice President Mutale Nalumango, disparage the Tonga community, and allege that President Hichilema intended to crown Chief Mukuni as king. Prosecutors say his comments encouraged regional secession.

When he appeared before Magistrate Phiri, his lawyers raised a preliminary objection, arguing that Zambian courts lacked jurisdiction since the broadcasts were made while Kapwepwe was in Zimbabwe. Magistrate Phiri ordered the defence to file formal arguments, scheduling a ruling for October 9.

Kapwepwe remains in custody, with bail denied on grounds he is a flight risk.

The People v Fanwell Nyundu

Nearly four years after two lives were lost in a hail of bullets outside Cabinet Office, the case against Police Constable Fanwell Nyundu remains a painful reminder of December 23, 2020.

That day, State Prosecutor Nsama Nsama Chipyoka and UPND supporter Joseph Kaunda were killed during heavy police presence as then-opposition leader Hakainde Hichilema attended questioning at Police Headquarters.

Forensic evidence has since pointed to Nyundu as the shooter. Justice Egispo Mwansa ruled that Nyundu must enter his defence, setting October 10 for testimony.

Assistant Superintendent Daniel Banda, a ballistics expert, testified that both men were killed by the same AK47 bullet, fired from rifle serial number EN2650.

“The fatal bullet recovered from Kaunda is the very one that pierced through Nsama Nsama’s chest,” he told the court.

A total of 26 cartridges recovered from the scene matched the same weapon. With eyewitness accounts reinforcing the evidence, the case now hangs on Nyundu’s defence.

The People v Richard Mwanza

One of the most disturbing cases this month came from Kabanana Township, where 45-year-old deacon Richard Mwanza was convicted of defiling seven girls aged between nine and 15.

Operating from shops near a school, Mwanza lured the children under the guise of prayer before sexually abusing them. Testimonies revealed repeated assaults, with some victims contracting sexually transmitted infections.

One girl testified she had been abused at least eight times. Another said Mwanza threatened them with witchcraft to keep them silent.

Magistrate Chrispin Hampungani dismissed Mwanza’s defence that his diabetes rendered him incapable of sexual activity, noting that the crimes occurred during quiet hours when his shop could be locked.

Mwanza was convicted on all seven counts and committed to the High Court for sentencing.

Each charge carries a minimum of 15 years, meaning he faces up to 105 years in prison.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; September, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

JULY REVIEW

July proved tense as Zambia grappled with high-profile legal battles and political controversies. The burial dispute over late former president Edgar Lungu deepened, the Speaker of the National Assembly faced a constitutional challenge, and courtroom drama unfolded in cases involving corruption, disorderly conduct, and fraud.

Government vs. Esther Lungu

July was largely dominated by the intense legal and political tussle between the Zambian government and the family of the late former President Edgar Lungu over where he should be laid to rest.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; June, 2025

Esther Lungu, the former president’s widow, made public revelations through court affidavits filed before the Gauteng High Court in Pretoria, South Africa. She disclosed that one of her husband’s last wishes, before undergoing surgery in South Africa on June 3, was that President Hakainde Hichilema neither attend his funeral nor view his body.

Esther Lungu stated that during his time in South Africa, her husband consistently expressed his desire for President Hichilema to be excluded from funeral arrangements, remarking, “One who torments another in life must not preside over the funeral in death.” She contended that Lungu had not traveled to South Africa purely for medical treatment but fled the country due to a very real fear of political persecution. She claimed he left Zambia without government consent in January 2025, anticipating medical neglect and harassment motivated by political vendettas.

Medical reports attached to court papers indicated that the former president was diagnosed with terminal oesophageal cancer while in South Africa, a condition which might have been treatable had he been permitted to seek care earlier. The family opposed the Zambian government’s application to repatriate the remains and insisted on burying him in South Africa, which they argued would grant him peace away from what they described as “torment” endured under the current administration.

On the other hand, the government, represented by Attorney-General Mulilo Kabesha, maintained that under the former Presidents’ Benefits Act, it held the legal authority to determine the burial arrangements of former heads of state. The state argued that Mr. Lungu’s acceptance of benefits under this Act implied consent to a state funeral conducted in line with Zambian customs and traditions.

Contrary to the family’s position, the government asserted that although his benefits were suspended when Mr. Lungu re-entered active politics, they were reinstated upon his death, thus restoring the state’s entitlement. The Attorney-General’s submissions in the Pretoria High Court emphasized that that no will or legal document specified burial wishes, and that the state’s right to organize a state funeral superseded family claims.

The dispute remained unresolved by the end of July, keeping public attention riveted on the ongoing legal battle that exposed deep political fault lines within Zambia.

LAZ V Speaker Mutti

The Law Association of Zambia (LAZ) took a bold step by petitioning the Constitutional Court to declare the Speaker of the National Assembly, Nelly Mutti, in breach of the Constitution. This followed Mutti’s controversial ruling on July 9 that permitted continued legislative proceedings on the Constitution of Zambia (Amendment) Bill No. 7 of 2025, despite a prior Constitutional Court injunction halting the process.

LAZ argued that the Speaker’s decision blatantly violated the June 27 ruling of the Constitutional Court, which had found the amendment process unconstitutional due to procedural lapses. The association warned that the Speaker’s actions risked inflicting “irreparable harm” on Zambia’s constitutional order, democratic governance, and the rule of law by undermining judicial authority and disrupting the balance of powers.

Among the key complaints was that Mutti had wrongly invoked Parliament’s exclusive cognizance doctrine under Article 77 to sidestep constitutional compliance requirements, including publication in the Government Gazette and meaningful public consultation mandated under Article 79.

LAZ sought a declaration that the Speaker’s ruling was null and void, and requested an interim suspension of all parliamentary proceedings related to the bill pending full constitutional compliance. The petition underscored the importance of respecting judicial decisions as a cornerstones of Zambia’s democracy.

Wanziya Chirwa V DPP

July saw the Economic and Financial Crimes Court uphold a three-year sentence against Wanziya Chirwa, wife of former Home Affairs Minister Stephen Kampyongo, for possessing property suspected to be proceeds of crime. Chirwa had been in custody since September 2024, following her conviction on charges related to unexplained ownership of real estate and vehicles worth more than K26 million.

The court confirmed the Lusaka Magistrate’s Court was correct in finding Chirwa guilty due to her failure to prove lawful acquisition of the contested assets. The High Court stressed that once the prosecution demonstrated reasonable grounds to suspect illicit sources, the burden of proof shifted to Chirwa to disprove the allegations—a burden she failed to meet.

Chirwa had contested the evidential burden shifting to her, but the court ruled that the legal principle was correctly applied, maintaining the integrity of the prosecution’s case.

The People V Faith Musonda

Journalist Faith Musonda was sentenced to one month’s imprisonment and fined K24 for idle and disorderly conduct after she was found trespassing late at night at Community House, the private residence of President Hakainde Hichilema. Initially charged with espionage, the charge was later reduced.

Magistrate Irene Wishimanga condemned Musonda for failing to follow appropriate channels to raise her grievances with the First Lady Mutinta Hichilema. The court also doubted Musonda’s claim of destitution, highlighting the luxury vehicle she drove to the premises.

Police reports detailed that on July 1, 2025, Musonda arrived unannounced around 11 pm, refusing to leave despite advice from officers. She was subsequently escorted to a police station where she was detained after refusing a breathalyzer test and custody book signature.

The People V Binwell Mpundu

The trial of Nkana independent Member of Parliament Binwell Mpundu, charged with seditious practices, failed to commence due to his reported ill health. Mpundu faced a single count related to a social media post in December 2024, allegedly inciting violence and urging politicians to arm themselves for self-defense following an attack on opposition leader Sean Tembo.

Surety Christopher Kang’ombe presented a medical certificate to the court, leading Magistrate Chibwili to adjourn the case until August 18, 2025, allowing Mpundu time to recover and enter a plea.

The People V Cryford Chuuba

Businessman Cryford Chuuba of Kasalu Village appeared in court accused of swindling Zambia Police Service spokesperson Rea Hamoonga of K159,000 in a cattle scam.

Chuuba allegedly promised delivery of dozens of cattle between November and early December 2024, but failed to deliver, with suspicions that the cattle never existed.

The case drew public interest due to the complainant’s high-profile position. On July 28, lawyers for both parties confirmed ongoing negotiations for a possible out-of-court settlement, postponing further court proceedings.

The People V Stardy Mwale

The State entered a nolle prosequi in a corruption case involving former Defence Permanent Secretary Stardy Mwale and businessman Clever Mpoha. Mwale faced charges of corrupt practices as a public officer, and Mpoha faced related corruption charges. The withdrawal followed a similar move in a separate case involving procurement irregularities related to a Gulfstream G650-ER jet.

Despite the withdrawals, Mwale and five others were re-arrested shortly thereafter in connection with related investigations, underscoring ongoing complexities in Zambia’s anti-corruption efforts.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; July, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

JUNE REVIEW

As temperatures dropped in June, the Zambian legal landscape heated up with explosive courtroom showdowns and major judicial pronouncements affecting politically exposed persons and state institutions.

From dramatic legal wrangling over the burial of former President Edgar Lungu to the Constitutional Court halting proposed constitutional amendments, June offered a glimpse into the collision of politics, power, and justice.

AG vs Esther Lungu & 8 others

The High Court in Pretoria, South Africa, on suspended the burial of Zambia’s sixth Republican President, Edgar Chagwa Lungu, following a legal challenge by the Zambian government.

The urgent application, filed by Attorney General Mulilo Kabesha, questioned the family’s decision to lay the former president to rest in South Africa. The court directed Kabesha to file detailed arguments by July 4, explaining why the former President should not be buried outside Zambia.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; April, 2025

The matter will be heard as a special motion on August 4, 2025. However, Kabesha expressed optimism that a consensus could be reached before then.

“This time allows us to continue dialogue and possibly reach consensus. There’s no need to wait until August if we can agree sooner,” said Kabesha. “He went to South Africa for medical care. He was not a refugee. Morally, culturally, and spiritually, he must be buried in Zambia.”

Munir Zulu, Celestine Mukandila vs AG

In a landmark ruling, the Constitutional Court halted the government’s constitutional amendment drive dubbed “Bill 7”, calling it unconstitutional and lacking public participationatyo.
Delivering the majority decision, Court president Professor. Margaret Munalula and three other judges ordered that any future amendment must be led by an independent expert body and driven by citizen consultations.

“There is no evidence on record of a structured engagement with the general public,” the bench held, noting that proposed changes, including controversial constituency reconfigurations (delimitations), risked triggering chaos ahead of the 2026 elections.

The ruling came after a petition by Celestine Mukandila and jailed Munir Zulu,who challenged the government’s unilateral process.

A dissenting opinion by three judges argued the process was legal under Article 79, but the majority prevailed, compelling a full restart grounded in constitutional spirit and citizen input.

Francis Muchemwa v ACC

Former Intercity strongman and PF mobiliser Francis “Commander 2” Muchemwa failed to overturn his three-year conviction for possession of K11 million worth of unexplained property and fraudulently obtained travel allowances.

A three-judge High Court panel dismissed Muchemwa’s appeal, stating he failed to provide documentation proving lawful ownership. He was also found guilty of collecting K141,000 in travel allowances for trips he never undertook as Zesco employee.

Despite claiming an unfair trial, the court ruled the state had met its burden of proof under the Forfeiture of Proceeds of Crime Act.

The People v Kelvin Sampa

Former Kasama MP Kelvin Sampa was sentenced to two years with hard labour for defrauding businessman Salehe Sengulo of over K1.4 million under false promises to secure the release of seized goods.

Sampa claimed to have connections at ZRA and collected money to intervene, but instead pocketed K1.2 million as “commission.” Senior Magistrate Trevor Kasanda found him guilty, rejecting mitigation arguments for a non-custodial sentence.

“Such crimes are increasingly common and warrant deterrent sentences,” the court ruled.

Charity Katanga v DPP

Once a high-ranking police official, Charity Katanga began serving a three-year sentence in June after the High Court upheld her conviction for possessing property suspected to be proceeds of crime,namely 10 Higer buses worth over K26 million.

The court found her declared income between 2017 and 2021 was just K1.7 million, far below what she spent on the buses. Only K100,000 could be traced to legitimate sources.

Judges dismissed her claims of insurance payouts and loan financing without supporting documentation, affirming that property can be forfeited without a specific predicate offence if linked to unlawful activity. The buses have been forfeited to the State.

Andrew Kamanga V AG

Former FAZ president Andrew Kamanga secured a partial win in his legal battle against the Drug Enforcement Commission (DEC), with the Lusaka High Court ordering that he be presented before a competent court within 120 days.

Judge Situmbeko Chocho ruled that the DEC’s prolonged delay and travel restrictions violated Kamanga’s constitutional rights.

Kamanga was arrested in April 2024, released the same day, but subjected to travel limitations without being taken to court.

While claims for damages were dismissed for lack of evidence, the court emphasized the constitutional guarantee of a fair hearing within a reasonable time.

The People v Slyvia Mutaba and 4 others

Three daughters of the late George Kalaba and a family friend were each sentenced to one month in prison for failing to report his death, his skeletal remains were only discovered over a year later, decomposing on his bed.
Judge Anna Malata-Ononuju condemned their conduct as “inexcusable,” stating they continued life as normal while their father’s body rotted in their home. The sentence was backdated to January 14, 2025, the date of arrest.

Judge Malata-Ononuju sentenced Wendy Kalaba, 27, Sandra Kalaba, 22, and Natasha Kalaba, 19.

Also convicted was Preteria Mbandama, 44, a close friend of the deceased wife, Sylvia Mutaba.
Their mother, Sylvia Mutaba, remains on trial for manslaughter in connection with the death.

DPP
In the Economic and Financial Crimes Court, the Director of Public Prosecutions applied to forfeit over US$2.3 million, 5.6kg of gold bars, and high-value goods seized from Aamir Soeb Patel and Soeb Isa Patel of Hope King Investment Limited.

According to DEC investigator, Yvonne Bwalya, the contraband was discovered in Aamir Patel’s luggage at KKIA on April 18, 2025, as he attempted to fly to Dubai. The suspect claimed that yhe the bags contained meat, but were found to contain tightly packed dollars and gold bars.

Digital evidence linked Patel to Emirates Airlines’ Kirby Jilanda and airport official, Lennie Phiri, both allegedly facilitating repeated illegal exports. The DPP is seeking non-conviction-based forfeiture under anti-money laundering laws.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; June, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

APRIL REVIEW

The month of April 2025 delivered a packed judicial docket, marked by dramatic courtroom scenes, significant convictions, and growing scrutiny of the rule of law as it applies to Zambia’s politically exposed elite. At the centre of national headlines stood firebrand opposition lawmaker Munir Zulu, whose twin convictions underscored the widening crackdown on controversial political figures.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; March, 2025

The People v. Munir Zulu

April proved particularly consequential for Lumezi Independent Member of Parliament Munir Zulu, who found himself on the receiving end of two prison sentences within days.

First, Lusaka Chief Resident Magistrate Davies Chibwili convicted Zulu on charges of criminal defamation and handed him a 12-month sentence with hard labour.

The outspoken MP had made sensational claims during a press conference, accusing Finance Minister Situmbeko Musokotwane of receiving a $250,000 bribe via bank transfer from an unnamed company. Infrastructure Minister Charles Milupi and Roads Development Agency (RDA) Board Chairperson Mulchand Kuntawala were also implicated, with Zulu alleging the latter transferred $150,000 to Milupi just two days before his appointment to the RDA board.

The court found the remarks libellous and unsubstantiated, citing Zulu’s intent to defame.

He was convicted on all three counts of libel and sentenced accordingly.

Barely had the ink dried on that the ruling when Zulu stood before another bench. Senior Resident Magistrate Trevor Kasanda sentenced him to 18 months’ imprisonment with hard labour and imposed a fine of 2,000 penalty units for seditious practices stemming from the same set of public allegations.

Despite the convictions, Zulu pushed back. He filed an appeal with the High Court and challenged the declaration of his parliamentary seat as vacant in the Constitutional Court, promising a legal fight on multiple fronts.

ACC v. Chrint Sichamba & Others

While one MP faced sentencing, another high-profile case shifted focus to unexplained wealth. The Anti-Corruption Commission (ACC) intensified its pursuit of Ndozo Lodge proprietor, Chrint Sichamba, his wife Eudora Nambela, their son David, and associated companies.

The Economic and Financial Crimes Court heard arguments from Director of Public Prosecutions Gilbert Phiri, who sought the forfeiture of over K10 million and US$7,000 along with more than 100 properties believed to be tainted assets. The state identified luxury lodges, high-end real estate, and vehicles linked to Mulozi Trading Limited, Ndozo Lodge Limited, and the Damaton Family Trust.

An affidavit from ACC Senior Investigations Officer Clement Chipasha revealed that suspiciously were first raised in late 2021 after a whistleblower tip-off.

Investigators discovered a sprawling empire that included 71 properties in Lusaka’s Kamwala South, and financial records showing steep asset accumulation between 2015 and 2021.

In contrast, the family’s declared income and tax filings were shockingly minimal, with many companies consistently reporting nil returns.

The ACC alleged that over K463 million in real estate and undeclared bank holdings could not be reconciled with any legitimate earnings.

As of April, the state had slapped Sichamba with 26 counts of possessing property suspected to be proceeds of crime. His wife and son faced 39 and 41 counts respectively, while the two corporate entities were charged with 95 counts combined.

ACC now seeks a non-conviction-based forfeiture order to strip the family of what it says is ill-gotten wealth.

The People v. Candunde & Phiri

In an unusual courtroom drama, a case involving alleged witchcraft against the President took a surprising turn when Magistrate Fines Mayambu ruled that the key confession in the case was inadmissible.

Jasten Mabulesse Candunde, a Mozambican national, and Leonard Phiri, a Zambian from Sinda, were jointly charged under the Witchcraft Act for allegedly attempting to harm President Hakainde Hichilema through supernatural means.

The court conducted a “trial within a trial” to determine whether the accused voluntarily confessed during police interrogations. Both defendants claimed they were blindfolded, tortured, and coerced into signing statements without legal counsel.

Police, on their part, argued that the suspects were warned and cautioned properly. However, their case was undermined by the failure to present a crucial piece of evidence: a video recording allegedly capturing the confession.

Magistrate Mayambu expressed concern over the missing footage and ruled the confession inadmissible, stating, “The best practice is to document the warning and caution. The State had its best evidence the videobut it was not produced.”

The matter was adjourned to May 2, 2025, after the prosecution requested time to bring its next witness.

Paul Kasonde v. Attorney General

The courtroom also heard from former security chief Paul Kasonde, who sued Zambia Airports Corporation Limited (ZACL) for wrongful dismissal. Kasonde, previously the Manager of Aviation Security at Kenneth Kaunda International Airport, was terminated after former President Edgar Lungu was cleared through the VIP channel without undergoing metal detector screening.

Kasonde insisted that his actions complied with standing VIP protocols, which he said routinely exempted dignitaries such as the Speaker of the National Assembly and the Chief Justice. He claimed that he filed a full report on the incident within 24 hours and coordinated with multiple state security organs.

Through his lawyers, Kayula & Associates, Kasonde is seeking K5.5 million in compensation, damages for reputational harm, and unpaid allowancesss.

Elizabeth Pezo Kanoka v. Remember Mutale

Lastly, in a sobering civil matter, Chitambo PF Member of Parliament Remember Mutale was sued for K3.7 million following a fatal road crash that killed 25-year-old Joseph Yikona.

Elizabeth Pezo Kanoka, administrator of Yikona’s estate, filed the suit citing the devastating impact of his death on his two children, then aged four years and three months. Court filings allege that Mutale fled the scene of the March 29, 2024 crash, leaving Yikona critically injured. A good Samaritan rushed the young father to the hospital, but he succumbed to his injuries.

A police report cited Mutale for careless driving, and Kanoka represented by Nchito & Nchito Advocates is seeking damages under both the Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; April, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

MARCH REVIEW

As the wheels of justice turned into the third month of 2025, Zambia’s legal landscape continued to be defined by high-stakes courtroom battles involving politically-exposed persons, contested constitutional reforms, and intensifying debates over legality and legitimacy. From challenges to public appointments and constitutional amendments, to property forfeitures and intra-party leadership wrangles, March offered a revealing snapshot of the intersection between law and politics.

Sean Tembo v AG

Tonse Alliance, through its spokesperson and Patriots for Economic Progress (PeP) president Sean Tembo, has filed a petition in the Constitutional Court challenging the recent ruling that declared former President Edgar Lungu ineligible to contest future elections.

In the petition, filed under Cause No. 2023/CCZ/0021, the alliance argues that the court’s decision contravenes Article 52(4) of the Constitution.

They contended that eligibility determinations should only be made after a candidate has filed nomination papers, as outlined in Article 52(1).

The petition cites precedents such as the Daniel Pule case and the Legal Resources Foundation matter, arguing that the court erred in its interpretation.

The Tonse Alliance is now seeking a declaration that the Constitutional Court’s ruling was incorrect, along with a fresh interpretation of the relevant constitutional provisions to clarify Lungu’s eligibility status.

LAZ v Attorney General & Auditor General

In a bold constitutional challenge, the Law Association of Zambia (LAZ) petitioned the Constitutional Court seeking the immediate removal of Dr. Ron Mwambwa as Auditor General.

LAZ argued that Dr. Mwambwa’s appointment, effected in September 2023, lacked parliamentary ratification a constitutional requirement under Article 259(1)(a).

LAZ argued that Dr. Mwambwa, born on August 15, 1959, had exceeded the constitutional retirement age of 60 for the post as outlined in Article 252(1), thereby disqualifying him from appointment.

The Association asserted that the President’s action in appointing Dr. Mwambwa, based on a recommendation by the Audit Commission, was ultra vires the Constitution and thus invalid.

The petition seeks not only his removal but also the recovery of all public funds received during his allegedly illegal tenure.

Morgan Ng’ona v Miles Sampa

The internal power struggle within the Patriotic Front (PF) party intensified, with the Lusaka High Court discharging an earlier ex-parte order that had temporarily halted PF faction leadership, Miles Sampa’s decision to remove Morgan Ng’ona as Secretary General.

Sampa regained temporary control of the party, but Ng’ona appealed the decision, seeking a stay pending appellate review.

Ng’ona contested Sampa’s authority to dissolve the party’s central committee and demanded a halt to all such actions. Simultaneously, PF faction leader Robert Chabinga applied for a stay of the same ruling, challenging the court’s refusal to substitute him for Sampa in the ongoing case.

The court ruled that Chabinga lacked locus standi, noting that decisions made outside judicial proceedings such as Sampa’s actions could not be stayed.

Chabinga appealed this interpretation, arguing that denying him participation risks prejudicing his legal interests and renders his appeal ineffective.

He claimed that the High Court erred by narrowly interpreting its power to stay proceedings and by failing to consider the relevance of Sampa’s affidavit.

The DPP and the Mukula Logs

In a significant environmental and legal ruling, the Economic and Financial Crimes Court (EFCC) ordered the forfeiture of 43,903 mukula logs to the State.

The forfeiture followed a petition by Director of Public Prosecutions (DPP) Gilbert Phiri, who argued that the logs were illegally harvested and abandoned.

The court, applying the Non-Conviction-Based Forfeiture provisions under Sections 29 and 32 of the Forfeiture of Proceeds of Crime Act, concluded that the mukula was tainted property.

The evidence was bolstered by an affidavit from Mateyo Kumwenda of the Zambia National Service (ZNS), who detailed the nationwide operation conducted under a 2021 directive to mop up illegal timber following the 2017 trade ban. While a discrepancy in log count (44,323 collected vs 43,903 recorded) was noted, the court ruled in favour of the DPP, citing a clear absence of legitimate claims and sufficient evidence of illegal sourcing.

Zulu & Mukandila v Attorney General

A constitutional confrontation unfolded as Lumezi Independent MP Munir Zulu and Tonse Alliance National Youth Chairman Celestine Mukandila filed a petition in the Constitutional Court to halt the government’s constitutional amendment process.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; January, 2025

The duo argued that the current process lacked the broad public consultation required by constitutional tradition and legal precedent.

Referencing remarks by President Hakainde Hichilema and Justice Minister Princess Kasune, who confirmed that a draft bill would soon be presented to Parliament, the petitioners contended that the process violated Articles 1(2), 8, 9, and 79 of the Constitution.

They also challenged a 2020 Constitutional Court decision (LAZ & Chapter One v Attorney General) which barred judicial review of constitutional bills until enacted, arguing this was made per incuriam by omitting Article 2.

They seek a judicial declaration that the 2020 ruling was erroneous, an injunction against the Justice Minister from proceeding without wider consultation, and an interpretation of Article 128 concerning the court’s power to adjudicate constitutional bills before enactment.

The People v Emmanuel Mwamba

In a dramatic courtroom turn, Lusaka Senior Resident Magistrate, Trevor Kasanda, ordered the forfeiture of K50,000 each from two PF Members of Parliament, Elias Daka (Msanzala) and Golden Mwila (Mufulira Central), for failing to ensure that PF Information Chairperson, Emmanuel Mwamba, appeared in court.

Mwamba faces charges of assaulting Detective Inspector, Steven Simwenda in June 2023.

Faith Musonda v Anti-Corruption Commission

Journalist Faith Musonda’s efforts to overturn a High Court decision forfeiting her assets to the State were dealt a significant blow.

The Economic and Financial Crimes Court rejected her application for leave to appeal its December 2024 judgment, ruling that the seized properties valued at approximately K21 million were proceeds of crime.

Musonda claimed she amassed the wealth through legitimate income sources, including consultancy and property sales, but failed to provide credible documentation.

Among the forfeited assets were real estate in Lusaka and Chisamba, over K4 million in government securities and bank deposits, and valuable jewelry and farm equipment.

The court ruled her appeal lacked merit and that no substantial legal questions had been raised, thereby affirming its earlier judgment.

The People v Joseph Malanji & Fredson Yamba

In an ongoing corruption case, former Foreign Affairs Minister Joseph Malanji mounted a detailed defense, tracing his wealth to legitimate business activities dating back to 1987.

Charged alongside former Treasury Secretary Fredson Yamba, Malanji faces allegations of financial mismanagement and possessing suspected proceeds of crime.

Testifying before Principal Resident Magistrate Ireen Wishimanga, Malanji provided a chronology of his entrepreneurial ventures, beginning with the founding of JM Bus Services during Zambia’s public transport crisis.

By the mid-1990s, his company reportedly owned 46 buses and generated annual revenues exceeding $200,000.

He later expanded into power automation, real estate, and hospitality, including the establishment of Royal Gibson Hotel in Kitwe.

Malanji detailed property acquisitions and financing agreements, asserting that all income and investments were legitimate.

He denied the two helicopters as alleged by the prosecution.

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The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; March, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

JANUARY REVIEW

January ushered in the new year with ongoing political wrangles and critical court rulings. It also brought closure to families who had long awaited justice for their loved ones. Here is a summary of key cases from the first month of 2025.

Ng’ona v. Attorney General

The Patriotic Front (PF) factional disputes continued into 2025, with Morgan Ng’ona petitioning the Constitutional Court to declare Miles Sampa’s Matero parliamentary seat vacant.

Ng’ona, who claims to be the PF Secretary-General, argues that Sampa’s expulsion from the party in July 2024 means he no longer holds the seat under PF’s ticket, in line with constitutional provisions.

He seeks a declaration that the Speaker’s failure to declare the seat vacant violates Article 72(1)(e) of the Constitution.

He also requests an order compelling the Speaker to immediately notify the Electoral Commission of Zambia of the vacancy.

Ng’ona claims he informed the Speaker of Sampa’s expulsion multiple times—on July 3 and 4, 2024, and again on November 11, 2024. However, no action has been taken.

According to Article 72(1)(e), a parliamentary seat becomes vacant if the holder ceases to be a member of the party under whose ticket they were elected.

The People v Candude & Another

Two men accused of plotting to harm President Hichilema through witchcraft have been denied bail.

Mozambican national Jasten Mabulesse Candude and Zambian Leonard Phiri allegedly conspired for a promised payment of K2 million.

The prosecution opposed bail, citing escape attempts.

Their trial is set for February 18, pending a Chewa language interpreter for Candude.

The People v. Nigel Mwaba

The family of Dr. Tasila Tembo finally received justice as the court sentenced former Zambia Army officer Nigel Mwaba to life imprisonment for her brutal murder.

Speaking on behalf of the family, Ezekiel Zulu expressed both relief and sorrow.

“Tasila was a loving mother of four daughters whose lives will never be the same. We have waited over four years for justice, and today, we can finally begin to heal,” Zulu said.

The trial exposed harrowing details of domestic abuse. A forensic pathologist testified that Dr. Tembo died from blunt impact trauma to the head due to assault.

Mwaba’s defense argued that he suffered from borderline personality disorder, which impaired his mental responsibility.

However, Justice Sharon Newa ruled that he was fully aware of his actions and intentionally caused harm to Dr. Tembo.

Messages presented in court revealed Mwaba’s abusive and controlling behaviour. In one chilling message, he wrote, “If I can’t have you, no one will.”

The court heard how he blackmailed Dr. Tembo with threats to leak her private photos online if she tried to leave him.

In her judgment, Justice Newa emphasised the need for deterrence, stating that Mwaba showed no remorse for his premeditated crime.

The People v. Raphael Nakacinda

Chief Resident Magistrate Davies Chibwili warned Raphael Nakacinda that his passport could be revoked if he missed another court appearance without valid justification.

Nakacinda, the PF Secretary-General, is facing charges of seditious practices.

His surety, MP Brian Mundubile, informed the court that Nakacinda had traveled to Ghana to visit an unwell colleague.

However, state prosecutor Mildred Muchimba questioned the credibility of this explanation, arguing there was no evidence confirming his whereabouts.

Magistrate Chibwili expressed concern over the lack of travel details and warned that future absences could result in stricter conditions.

Nakacinda allegedly made seditious remarks on September 26, 2024, via KANELE 97.7 FM’s Facebook page.

He is accused of claiming that President Hakainde Hichilema used state agencies to raid the residence of former President Edgar Lungu, a statement prosecutors argue was intended to incite public unrest.

Miza Phiri Jr. v. Attorney General

Lusaka lawyer Miza Phiri Junior petitioned the Constitutional Court to reconsider its ruling on the illegal stay of Cabinet Ministers and Provincial Ministers in office after Parliament’s dissolution.

Phiri argues that the court failed to interpret Articles 29 and 30 of the Constitution, which empower the President to declare war or a state of emergency at any time in consultation with the Cabinet.

He seeks clarity on whether the President must recall Parliament before consulting the Cabinet on such matters and whether ministers can remain in office during Parliament’s dissolution under Articles 29, 30, 116(3)(e), and 117(2)(d).

The People v. Kaumba Brothers

Brothers Ernest and Elijah Kaumba are facing charges for using insulting language against President Hakainde Hichilema.

Magistrate George Njobvu ruled that the Lusaka Magistrates’ Court lacked jurisdiction and transferred the case to Kalulushi, Copperbelt Province, where the offense allegedly occurred.

Prosecutors argued that the online nature of the offense had nationwide implications, but the court emphasised the importance of jurisdictional limits.

Chishala v. Attorney General

After 12 years behind bars, Luwingu farmer Davies Chishala was acquitted of murder by the Supreme Court.

Chishala was convicted in 2014 for allegedly killing Frederick Mulamba during a drinking session.

However, the Supreme Court ruled that the prosecution failed to prove beyond reasonable doubt that his assault caused Mulamba’s death.

Upon his release, Chishala urged people to avoid drinking sprees, saying, “Indeed, God exists. Stay away from beer.”

The People v. FN

A 22-year-old Mtendere Township man pleaded not guilty to attempting to have sexual intercourse with his biological mother on Christmas Day.

Allegations are that on Christmas day ,last year,the accused sat on his mother’s lap, and after being pushed away, he followed her to the bedroom.

The mother was shocked to see her son naked and attempting to penetrate her. She shouted for help, but the accused pushed her down and climbed on top.

A neighbour heard the screams and forced the door open, finding the accused on top of his mother.
The shocking case, which involves three prosecution witnesses commences trial this month.

The People v. Bowman Lusambo
Jailed former Lusaka Province Minister Bowman Lusambo had suffered another legal setback, as the Lusaka Magistrates’ Court has ordered the forfeiture of his properties.

Resident Magistrate Faides Hamaundu ruled that Lusambo’s properties in Silverest area and his Black Range Rover be forfeited to the State, deeming them “tainted”.

The State had applied for the forfeiture of Lusambo’s properties, citing the Forfeiture of Proceeds of Crime Act.

The State argued that Lusambo’s properties were acquired through illicit means, and therefore, he should not benefit from them.

Sean Tembo v Attorney General & Others

Politician Sean Tembo has sued Zambia Police Commissioner Mwala Yuyi and three UPND officials for an alleged assault during the Kawambwa Central by-election.

Tembo claims he was attacked with a metal bar and a knife and accuses Commissioner Yuyi of failing to protect him.

Tembo alleges that he was brutally assaulted by UPND officials, including Trevor Mwiinde, Matomola Lilwanya, and Roy Makayi, during the Kawambwa Central by-election on December 20, 2024.

He claimed that the attackers used a metal bar and a knife, leaving him with severe injuries.

The lawsuit accuses the defendants of battery and seeks compensation for the physical and emotional harm Tembo endured.

Read More: Ex-president Lungu explains ruling UPND’s loss in Petauke, says win by NCP shows power of ‘Plan B’

He is also requesting a permanent court injunction to prevent any further threats, violence, or infringements on his civil and political rights.

The People v. Akafekwa

High Court Judge Mwape Bowa sentenced Nalukui Akafekwa to life imprisonment for murdering 10-year-old Chikondi Banda.

On March 16, 2023, Nalukui brutally killed Chikondi with a stone, covered his head with a plastic bag, and dumped the body in a maize field.

Before the murder, Nalukui demanded a K12,000 ransom. A chilling scene reconstruction video showed Nalukui confessing to the crime.

Nalukui’s father, William Akafekwa, testified against his son, revealing that Nalukui had apologized for his actions.

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The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; January, 2025 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

DECEMBER IN REVIEW

As 2024 wrapped up, Zambia witnessed a whirlwind of pivotal legal decisions and financial disputes that shaped the national discourse. From clarifying presidential eligibility to tackling corruption, here’s a recap of December’s most significant development:

MICHELO CHIZOMBE V EDGAR LUNGU, AG, ECZ

Former President Edgar Chagwa Lungu’s political ambitions were decisively ended by the Constitutional Court, which ruled him ineligible to contest the 2026 presidential elections.

The court unanimously declared that Lungu’s presidency had already reached the constitutional two-term limit.

Central to the court’s decision was Lungu’s first term, which spanned from January 2015 to September 2016, following the death of President Michael Sata.

Despite its brevity, the period was deemed a full term under Article 106(3) of the Constitution, leaving no room for exceptions.

In a rare and historic move, the court reversed its 2021 ruling, which had declared Lungu eligible to contest the last elections.

The judges described the earlier decision as “per incuriam” and emphasised that constitutional principles must always guide rulings.

The judgment reiterated that Zambia’s Constitution limits the presidency to two terms.

“This court must uphold the spirit of the Constitution, which explicitly limits the presidency to two terms. The people of Zambia have spoken through the Constitution, and we cannot create exceptions where none exist,” the judgment stated.

THE PEOPLE V GBM

Former Defence Minister Geoffrey Bwalya Mwamba (GBM) was ordered by the Lusaka Magistrates’ Court to pay nearly $900,000 and K10 million in penalties related to corruption convictions.

Mwamba’s appeal against his five years conviction did not exempt him from the obligation to repay funds linked to illicit activities.

GBM had argued that enforcing the penalties would prejudice his appeal, but Magistrate Stanford Ngobola dismissed his objections.

The court stated the government’s right to recover stolen funds promptly to safeguard public resources.

NAPSA V FAZ

The Football Association of Zambia (FAZ) faced financial penalties after failing to remit employee pension contributions to NAPSA for over a decade. Ordered to pay K7.2 million, FAZ’s General Secretary Reuben Kamanga pleaded guilty to three counts of non-compliance.

While acknowledging Kamanga’s cooperation, Magistrate Constance Kansankala stressed that the failure to remit contributions was a severe offence.

FAZ was ordered to settle the outstanding amount of K7,222,894.98 in three installments. The first installment of K437,806.98 is due by January 31, 2025.

She warned that non-compliance with the payment plan could lead to further legal consequences.

ESTHER LUNGU V DPP

Esther Lungu, Zambia’s former First Lady, failed in her bid to halt the forfeiture of her 15 luxury flats worth K66 million to the State.

The court ruled that she had not presented compelling grounds to justify delaying the enforcement of an earlier judgment.

The Economic and Financial Crimes Court stated that successful litigants are entitled to the immediate benefits of their judgments.

The same court in separate rulings also denied to stay the execution of the judgement in Tasila Lungu and Chiyeso Lungu’s corruption case.

Both daughters of the former President, the Court had ordered the forfeiture of Tasila’s K8 million farm and Chiyeso’s over K2.9 million state lodge properties.

DPP V RE Property (KAMONO FARM)

Assets belonging to Kamono Farm Initiatives Limited (KFIL) were seized after investigations revealed fraudulent investment schemes. The company, which solicited funds under the guise of farming ventures, was found to have mismanaged client investments and engaged in questionable practices

The seized assets, including vehicles, livestock, and over K7.9 million in cash, were declared proceeds of crime. Investigators uncovered minimal agricultural activity on the company’s leased farms, exposing the scheme’s fraudulent nature.

Last month,the Director of Public Prosecutions, Gilbert Phiri, requested that the said properties be forfeited to the State.

THE PEOPLE VS RONALD CHITOTELA

Patriotic Front MP Ronald Chitotela was sentenced to 10 years in prison for arson by the Kabwe High Court.

The ruling was upheld by Kabwe High Court resident Judge Irene Mbewe, who supported the conviction handed down by the Kawambwa Magistrates’ Court.

Chitotela, a former Cabinet minister, was found guilty alongside his co-accused, Davies Kaniki and Kunda Chitotela.

The conviction was from incidents during the 2021 general elections and had triggered a by-election in Pambashe Constituency.

LUSAMBO IN PROPERTY DISPUTE

Former Lusaka Province Minister Bowman Lusambo was sued in the Lusaka High Court by Zambezi East MP Brian Kambita over a failed property transaction.

Lusambo allegedly received K850,000 for a Lusaka property but failed to transfer ownership or deliver the keys.

Read More: President Hichilema hosts Chief Justice of Uganda, stresses importance of alternative dispute resolution

Kambita’s lawsuit added to Lusambo’s growing legal challenges. Convicted earlier this year for corruption, Lusambo now faces demands for a refund and damages, further tarnishing his political legacy.

ZCCM-IH v KCM, VEDANTA RESOURCES

The Lusaka High Court ruled that Konkola Copper Mines (KCM) must pay 40 percent of its $29.6 million debt to the Copperbelt Energy Corporation (CEC) within 10 days.

Judge Charles Kafunda criticised KCM for using a pending appeal as an excuse to delay payment.

Justice Kafunda made it clear that CEC, classified as a Class 2 creditor on the Creditors Schemes of Arrangement, has a right to the payment, stating that appeals against the approval of the scheme did not justify withholding payments.

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The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; December, 2024 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

NOVEMBER REVIEW

The month of November was eventful in Zambia’s judiciary, with politically exposed figures navigating intense legal battles. Here’s a recap of the major developments:

ACC V Bowman Lusambo

Former Lusaka Province Minister Bowman Lusambo joined the growing list of ex-Patriotic Front (PF) officials convicted of corruption.

Lusambo was sentenced to four years with hard labour and fined K9,000 for three counts of tax evasion.

His conviction involved acquiring properties unlawfully, transferring them to third parties without proper resolutions, and evading property transfer taxes.

Among the cases highlighted was his sale of property L/39876/M for K880,000 and the use of K880,000 from suspicious sources.

Among these, he was convicted for unlawfully acquiring property L/39876/M, which he later sold for K880,000.

In a related charge, Lusambo was found guilty of possessing K880,000 deposited into a third-party account, funds suspected of originating from unlawful activities.

Additionally, he was convicted of tax evasion for failing to remit property transfer tax on properties transferred to Mbachi Nkwazi for USD 150,000 and USD 85,000, respectively.

Magistrate Hamaundu determined that the decision to register properties in Nancy’s name was an attempt to disguise Lusambo’s ownership.

Meanwhile, Lusambo’s wife, Nancy Manase, was acquitted after the court found insufficient evidence proving her knowledge or control over the controversial properties.

GEOFFREY BWALYA MWAMBA VS AG

The Economic and Financial Crimes Court denied former Defence Minister Geoffrey Bwalya Mwamba’s bail application despite his deteriorating heart condition.

Mwamba, sentenced to five years for conflict of interest, had pleaded for release to access specialised medical care in South Africa.

The court, however, ruled that his appeal lacked prospects of success and granting bail solely on health grounds could set a dangerous precedent.

Principal State Advocate Angelica Kennedy-Mwanza argued that local facilities could address his health concerns.

Read More: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; October, 2024

ESTHER LUNGU V DPP

Former First Lady Esther Lungu gained a legal victory when the Court of Appeal allowed her to challenge the forfeiture of her 15 luxury flats, valued at K66 million.

She argued that the Economic and Financial Crimes Court wrongly declared the properties “tainted.”

In a related case, her daughter, Tasila Lungu, was granted leave to appeal the forfeiture of her farm in Sinda, valued at K8 million.

ACC V STARDY MWALE

The Economic and Financial Crimes Court ordered the forfeiture of Simonga Farm, valued at K29 million, to the state. Former Defence Permanent Secretary Stardy Mwale was found to have acquired the farm with proceeds of crime.
The Anti-Corruption Commission (ACC) provided evidence showing Mwale purchased the property for $2.5 million through cash and bank transfers, violating anti-corruption laws.

The court ruled that ACC had established, on the balance of probabilities, that Simonga Farm was tainted property liable to forfeiture under the Forfeiture of Proceeds of Crime Act No. 19 of 2010.

ANDREW KAMANGA V AG

Football Association of Zambia (FAZ) president Andrew Kamanga filed a lawsuit against the state, demanding the return of his passport seized by the Drug Enforcement Commission (DEC).

Kamanga, arrested in April on fraud charges, claimed the restrictions infringed on his fundamental rights and caused financial and reputational harm.

He is also seeking financial compensation for the losses incurred due to his inability to travel.

KELVIN SAMPA V AG

The Lusaka High Court ordered compensation for UPND member Kelvin Sampa, who was detained for over seven days without a court appearance.

Judge Gaudentia Salasini ruled that the Inspector General of Police had violated legal detention limits and awarded Sampa costs for the unlawful detention.

CLAYSON HAMASAKA V SABOI IMBOELA

National Democratic Congress (NDC) leader Saboi Imboela was fined K25,000 for defaming State House Communications Specialist Clayson Hamasaka on Facebook.

Magistrate Sylvia Munyinya found her posts defamatory, noting they were viewed by thousands globally and lacked any supporting evidence.

Imboela on September 9, 2022 jointly and whilst acting together with other persons unknown, with intent to defame, unlawfully did publish defamatory matters “Against Clayson Hamasaka on a Facebook page called SABOI IMBOELA-SI stating as follows “his farm is being developed by the Chinese & is the character i said had permanent rooms and hotels, sleeping with women that want jobs in the UPND. You are the ghost terrorizing women.”

In the last count, Imboela on September 9, 2022, in Lusaka jointly and whilst acting together with other persons unknown, with intent to defame, unlawfully did publish defamatory matters against Clayson Hamasaka on her Facebook page called SABOI IMBOELA-SI as follows “Hamasaka was caught red handed by the wife muchigololo, even as we speak marriage ili pama rocks, but somehow u want to play a personal war with me? We shall see who will regret.

DPP v SENA PLUS INVESTMENT

The DPP filed a petition to seize over 2,000 units of illegally harvested timber and equipment belonging to Sena Plus Investment Limited.

Investigations revealed unmarked logs and machinery at the company’s premises in Lusaka, leading to the call for forfeiture under anti-corruption laws.

The DPP seeks a non-conviction-based forfeiture order of 1,898 Mopane logs, 152 Mukwa logs, 19 Mupapa logs, 40 planks, a forklift (serial no. TS 2510002-2016), four wood misers, and other equipment with serial numbers including 13700766055 1602-2016, GB/T11707-2013-170kgs 2019, and GBM/T11707-2013-183kgs-2022. Additionally, the DPP seeks the forfeiture of Sena Plus Investments Limited’s premises, located at plot number 185609 in Lusaka, as well as its trucks and other equipment.

SIMON MWEWA V AG

Social media blogger Simon Mwewa Lane narrowly avoided jail after his custodial sentence for malicious damage to property was overturned by the Lusaka High Court.

Instead, he was fined K6,000 for deflating a minibus’s tires, causing damage worth K4,600.

In a detailed judgment, Judge Mabbolobbolo acknowledged the errors in sentencing, noting that the six-month imprisonment was excessive for a first-time offender convicted of a misdemeanor. Instead, the court imposed a K6,000 fine, with a default penalty of three months’ imprisonment should the fine remain unpaid.Despite reducing the sentence, the High Court upheld Chitambala’s conviction.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; November, 2024 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

OCTOBER REVIEW

This October saw Zambia’s courts take center stage with high-profile cases involving senior opposition figures and judicial dismissals.

Here is a review of the key legal battles that have drawn intense public and political attention this month.

The People v Geoffrey Bwalya Mwamba (GBM)

Former Minister of Defence Geoffrey Mwamba, known as GBM, faced a five-year custodial sentence from the Lusaka Magistrates Court for conflict of interest and money laundering.

Magistrate Stanford Ngobola ruled Mwamba guilty of dealings with Curzon Global Zambia, a company linked to his daughter, which constituted a conflict of interest.

He was also fined K50,000, with a default penalty of nine months in prison, for money laundering offenses.

The court highlighted a US$620,000 transaction that was deemed proceeds of crime.

Mwamba, who is dealing with a heart condition, applied for bail while awaiting an appeal; however, his initial application was denied.

His legal team argued for leniency, citing his health and lack of prior convictions, though Magistrate Ngobola upheld the sentences, emphasising the severity of the offences.

Moses Kalonde v Constitutional Court Judges

In another high-stakes development, three Constitutional Court judges: Mugeni Mulenga, Annie Sitali, and Palan Mulonda, were dismissed on the recommendation of the Judicial Complaints Commission (JCC).

This action followed a complaint from Lusaka resident Moses Kalonde, who accused the judges of mishandling the 2016 election petition by opposition leader, Hakainde Hichilema.

Kalonde also questioned their qualifications for the bench.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; September, 2024

The JCC cited ethical violations, leading President Hakainde Hichilema to terminate their appointments, a move seen as upholding judicial standards and reinforcing the importance of impartiality within Zambia’s judiciary.

The People v Munir Zulu

Munir Zulu, Lumezi’s independent Member of Parliament, was ordered to present a defense in a case involving accusations of defamation against Finance Minister, Situmbeko Musokotwane, and Infrastructure Minister, Charles Milupi.

Zulu allegedly claimed the ministers received bribes of $250,000 each, statements made in a press conference.

Lusaka Chief Resident Magistrate, Davies Chibwili, placed Zulu on defense, with the case adjourned to November 22, 2024.

The 9 PF MPs v. Attorney General

The Lusaka High Court recently ruled that Deputy Speaker Moses Moyo acted outside his authority by declaring vacant nine seats held by Patriotic Front (PF) MPs.

High Court Judge, Susan Wanjelani, deemed Moyo’s decision “irrational” and in violation of judicial process, as it interfered with pending court cases regarding the MPs’ expulsion from the PF.

The MPs argued that Moyo’s decision contravened the principle of sub judice, which prohibits interference in ongoing legal proceedings.

Judge Wanjelani’s ruling reaffirmed that such matters fall exclusively within judicial purview.

The People v. Davies Mwila

Former Patriotic Front (PF) Secretary-General Davies Mwila secured temporary freedom after the State entered a nolle prosequi in his corruption case.

Mwila faced charges of possessing suspected proceeds of crime, with allegations involving over K102 million tied to the 2021 election campaign.

Despite initial proceedings, the State’s failure to secure key witnesses led to the case’s suspension, drawing scrutiny over the prosecution’s preparation and resource allocation.

Tresford Chali v JCC and Attorney General

Constitutional lawyer, Tresford Chali, challenged the Judicial Complaints Commission’s (JCC) qualifications in recommending judicial dismissals, arguing that most JCC members lack the necessary judicial experience.

Chali, in his petition to the Constitutional Court, contends that the JCC’s October 20 report recommending the dismissal of judges was unconstitutional.

He seeks a judicial review to clarify the standards for assessing judges and set a stricter threshold for judicial qualifications.

The People v Bowman Lusambo

Bowman Lusambo, the former Kabushi MP, was convicted of causing unlawful injury by the Luanshya Magistrate Court and was subsequently arrested after being found hiding in the ceiling at his residence.

The court had issued a bench warrant for his arrest following his conviction in absentia.

Pisano was accused of unlawfully injuring and assaulting two National Democratic Congress (NDC) members, Mary Musonda and Stanley Musukwa, in Mpatamato Township, Luanshya District, Copperbelt Province, on April 11, 2019.

However, Luanshya Resident Magistrate Kalutwa Chiluba acquitted him of the assault charge.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

The post Justice O’ Metre: Recap of cases involving politically-exposed persons, others; October, 2024 first appeared on Zambia Monitor.

Welcome to Justice O’ Metre, an independent tracker on high profile cases affecting mostly politically-exposed persons within the Zambian judicial system, the rule of law and the administration of justice for common good.

SEPTEMBER REVIEW

The month of September turned out to be not so warming for the former first family, as the Lungu’s had more properties forfeited to the State for allegedly being proceeds of crime. The latest victims were the former first lady, Esther Lungu, and her daughter, Tasila Lungu.

DPP v ESTHER LUNGU

The EFCC’s judgment, delivered behind closed doors at the Supreme Court, concluded that Esther Lungu constructed the luxurious 15 double-storey flats in State Lodge through proceeds of crime. She had reportedly failed to provide proof of income sources for the construction of the properties, despite her defense that they were matrimonial assets.

The Court dismissed Esther’s argument that the DPP violated the constitution by attempting to seize her properties without a trial to prove her guilt.

She insisted that the flats were developed by her husband, former President Edgar Lungu, and were part of their matrimonial estate.

The Court held that she should provide documentary evidence, such as bank statements, to support her claim that her husband financed the construction of the properties.

DPP v TASILA LUNGU

The Economic and Financial Crimes Court, High Court Division, ordered the forfeiture of former president Edgar Lungu’s daughter Tasila’s Sinda farm to the state, on grounds that it was a proceed of crime.

The court, in its judgment, stated that Tasila’s total earnings during the period under review amounted to K154,200, which is far insufficient to have purchased and later developed the farm valued at K8,849,098. The court stated that there was no money trail to show that the funds used to buy and develop the farm came from her father, Lungu, as she had failed to provide documentation.

The court added that if Tasila had any other economic activities beyond being a councillor, she would have been required to pay taxes.

THE PEOPLE v STEPHEN KAMPYONGO, WANZIYA CHIRWA

Former Home Affairs Minister, Stephen Kampyongo, was acquitted of corruption charges, but his relief was overshadowed by the conviction of his wife, Wanziya Chirwa.

Kampyongo, who faced 12 counts of corruption alongside his wife, walked free, while Chirwa was sentenced to three years in prison for corruption-related offenses. Magistrate Sylvia Munyinya, who presided over the case, found Chirwa guilty of five counts of corruption.

Despite the joint charges, Magistrate Munyinya acquitted Kampyongo, stating there was insufficient evidence to convict him.

The EFCC argued that the properties were tainted, being proceeds of illegal activities. While Kampyongo was acquitted, the court ruled that Chirwa played a significant role in the corrupt dealings, leading to her conviction.

THREE JUDGES v JCC, AG

Three Constitutional Court judges, Annie Sitali, Mugeni Mulenga, and Palan Mulonda, commenced judicial review proceedings challenging their suspension from office.

They are challenging their suspension by President Hakainde Hichilema, which was recommended by the Judicial Complaints Commission (JCC).

They argued that the issues in the current complaint, filed by Moses Kalonde, were already dealt with in previous complaints related to the 2016 presidential petition involving Hakainde Hichilema and Edgar Lungu. The complaints were concluded in 2017.

The judges are asking for a certiorari order to quash the JCC’s decision made on September 23, 2024, to reopen the case.

They claimed the JCC lacks jurisdiction as the matter was resolved in earlier complaints filed by various individuals, including Emmanuel Mtonga, Alfred Chims Mbewe, and Douglas Syakalima.

Additionally, they seek to overturn the JCC’s recommendation to suspend them, and President Hichilema’s decision to act on that recommendation, arguing that both actions violate the principle of res judicata.

THE PEOPLE v GIVEN LUBINDA

The Lusaka Magistrate Court acquitted Patriotic Front (PF) faction Vice President Given Lubinda in a matter where he was accused of failing to surrender a diplomatic passport and holding more than one passport.

Lusaka Resident Magistrate, Kawama Mwamfuli, ruled that the state had failed to prove a prima facie case against Lubinda.

Magistrate Mwamfuli ruled that none of the three state witnesses proved that Lubinda failed or refused to surrender the diplomatic passport. According to evidence before the court, Lubinda eventually surrendered his diplomatic passport after leaving office as Justice Minister following the 2021 General Election.

THE PEOPLE v BOWMAN LUSAMBO

Lusaka Magistrate Trevor Kasanda acquitted Former Lusaka Province Minister, Bowman Lusambo, of three counts of attempting to interfere with witnesses.

Lusambo was accused of trying to dissuade or prevent three witnesses—Cosmas Kapula Chalusa, Ernest Sumani, and Mundia Mataa—from giving evidence in court between February 1 and April 30, 2022, in Lusaka, relating to a corruption case. But Magistrate Kasanda, in his judgment rendered on Thursday, found Lusambo not guilty of the offenses as the prosecution failed to adduce evidence.

The Anti-Corruption Commission, however, appealed against the acquittal to the High Court.

ANDREW KAMANGA v ADRIAN KASHALA, ELVIS NKANDU

The football battle was, in early September, moved from the Football Association of Zambia (FAZ) boardroom to the High Court as the head of the association, Andrew Kamanga, filed a defamation lawsuit against former FAZ General Secretary Adrian Kashala and Sports Minister Elvis Nkandu.

Kamanga is seeking damages, citing harm to his reputation due to public accusations and a sustained campaign against his leadership.

In his lawsuit, Kamanga claims that Kashala and Nkandu’s actions have subjected him to public ridicule, professional damage, and emotional stress.

He accused the two of orchestrating a malicious campaign aimed at undermining his authority as FAZ president and tarnishing his image.

Kamanga alleged that Kashala, during his time as FAZ General Secretary, awarded contracts to questionable entities without conducting the necessary due diligence.

This led to project delays and financial mismanagement, ultimately tarnishing the reputation of the football governing body.

According to the statement filed in the Lusaka High Court, Kamanga also accuses Minister Nkandu of attempting to reinstate former FAZ President Kalusha Bwalya into a supervisory role over national teams.

He pointed out multiple instances of alleged defamation by both Kashala and Nkandu, including false accusations and unsubstantiated public allegations.

CHAONDA NGWIRA v ZESCO, ERB, AG

Chaonda Ngwira, a member of the Patriotic Front (PF), filed a lawsuit against the government, alleging that the current load-shedding practices were unconstitutional and a violation of citizens’ rights.

The petition, which named Zesco, the Energy Regulation Board (ERB), and the Attorney General as respondents, argued that the widespread power cuts were illegal and posed a threat to the right to life as enshrined in Articles 11(1) and 12 of the Republican Constitution.

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Ngwira contended that the government’s decision, executed through Zesco and the ERB, to implement extensive power outages under the guise of load-shedding has worsened the country’s economic challenges.

He is asking the High Court to order the immediate cessation of load-shedding, which he claimed has crippled businesses, disrupted essential services, and created severe economic hardships.

The lawsuit highlighted that the load-shedding measures, which began on December 15, 2022, were initially supposed to last four months.

However, they have since been extended indefinitely, with some areas experiencing daily power cuts of up to 21 hours or longer, far exceeding the original six-hour outages.

Ngwira argued that these extended blackouts were disproportionately affecting residents, businesses, and critical institutions like hospitals, schools, and police stations.

Ngwira further criticized the government’s handling of the energy crisis, accusing it of failing to manage the country’s energy sources and neglecting to invest in alternative energy solutions.

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