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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.
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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