Detained ex-political advisor to Lungu, Zimba, denied bail by Lusaka High Court

Former President Edgar Lungu’s Political Advisor, Chris Zumani Zimba, has been denied bail by the Lusaka High Court on ground that the offence of terrorism was not bailable.

Zimba is jointly charged with Given Phiri, Marlone Banda and Potiphar Gwai for possession of articles for terrorism or proliferation purposes contrary to Section 25 of the Anti-terrorism act no.6 of 2018 as read with section 2 of the Anti-terrorism amendment Act no.6 of 2023.

They suspects have been in detention since their formal charge on May 30, 2023.

Dr Zimba and his co-accused persons through their lawyer who include Makebi Zulu and Advocates, applied for admission to bail pending trial in the Lusaka High Court on June 7 and the matter was heard in camera on June 14 before Judge Conceptor Chinyanwa Zulu .

It was argued by the applicants that by the provision 55 of the Anti-terrorism and Non-proliferation Act, the police could only detain a person for 48 hours and an application must be made to the Judge for extension not exceeding 14 days, which was not complied to by the State.

The State in contention referred to section 25 of the Anti-terrorism and Non-proliferation Act provided that a person charged for terrorism is liable to conviction of life imprisonment.

It was argued according to section 69 of the amended Act of 2023, an offence whose penalty is life imprisonment, he or she was not entitled to bail.

Judge Zulu conceded to the fact that Zumani Zimba and the other three were charged with terrorism whose penalty was life sentence, thus, could not be admitted to bail.

“In so far as the question of procedural law, under which the law relating to the grant of bail falls operates retrospectively having so found,it is my further finding that section 69 A of the Anti-terrorism and Non-proliferation Act no.6 of 2023 applies to the applicants herein. Consequently, the applicants’ application for bail pending trial fails as the offence which they stand charged with is non bailable as provided by section 69A of the Anti-terrorism and Non-proliferation Act no 6 of 2023,” ruled the court.

In reaction to the ruling, counsel to Jonas Zimba informed the press that their clients intended to appeal against the ruling in the Court of Appeal.

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