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

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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.

FEBRUARY REVIEW

February 2025 was a month filled with legal showdowns, from supernatural allegations to electoral disputes, political land deals, and financial scandals. Here is a review of some cases.

The People v. Candude & Phiri

A courtroom spectacle unfolded when the trial of two traditional doctors, accused of attempting to harm President Hakainde Hichilema through sorcery, began in February.

The case took an unexpected turn when a live chameleon, allegedly part of the accused’s charms, was nowhere to be found in court.

Wildlife Ranger, Bright Nkhoma revealed that the reptile had been relocated to Munda Wanga Rehabilitation Center following a disposal order signed by the court on November 28.

Nkhoma, who had custody of the chameleon for only a few hours, admitted there was no official record proving that the accused had possessed the creature.

When pressed by the defense on whether a chameleon could truly be classified as a charm, he simply responded, “We are Africans; we practice charms. I have experienced that because I’m from the village. It is a charm.”

However, he conceded that during his brief time with the chameleon, it exhibited no strange behaviour and caused no harm.

Mozambican national, Jasten Mabulesse Candude and Zambian Leonard Phiri, faced charges under Zambia’s Witchcraft Act, accused of possessing charms and professing knowledge of witchcraft—both offenses under Chapter 90 of the country’s laws.

Investigators claimed the duo had been hired by Nelson Banda, the younger brother of fugitive former Petauke MP Emmanuel Jay Banda.

Evidence adduced was that they were hired at a fee of K43,200,000

The People v. Emmanuel Mwamba

The Lusaka Magistrates’ Court issued a bench warrant for PF faction spokesperson Emmanuel Mwamba after he failed to appear in court on charges of disorderly conduct.

Magistrate Amy Chilangwa warned Mwamba’s surety against offering weak explanations regarding his whereabouts. She extended the bench warrant to March, 2025, after his surety assured the court that Mwamba would return to Zambia by March 4.

Mwamba, jointly charged with politician Jacquiline Chopa and businessman Gideon Tolopa, had reportedly traveled to the United States for medical reasons.

Kayumba v. Attorney General

The Lusaka High Court upheld the Electoral Commission of Zambia’s (ECZ) decision to invalidate the nomination of Citizens First candidate Ezekiel Kayumba in the Pambashe Constituency by-election due to an expired voter’s card.

Kayumba had challenged the ruling, arguing that ECZ had not properly gazetted the nomination timetable and failed to clearly communicate submission deadlines.

However, Judge Charles Zulu ruled that electoral regulations did not allow for extensions or special considerations in such cases.

Video evidence revealed that while Kayumba had a valid National Registration Card (NRC), he mistakenly presented an outdated voter’s card. Attempts to certify a digital copy of the card via WhatsApp and video call were deemed irregular, and the court found that ECZ had acted within its legal mandate.

Nathan Mubanga v. Attorney General

In a case testing religious rights in schools, the Lusaka High Court dismissed a petition by Nathan Mubanga, who had challenged Kasama Boys Secondary School’s decision to bar his son from attending classes due to his dreadlocks.

Mubanga, a member of the House of Rastafari, argued that his son’s dreadlocks were a religious expression protected under Zambia’s constitution.

However, Judge Elita Mwikisa ruled that school regulations on grooming were lawful and applied equally to all students.

She emphasised that while personal freedoms exist, institutions have the right to enforce rules for discipline and order.

GBM v. The People

Former Defense Minister, Geoffrey Bwalya Mwamba, currently serving a five-year sentence at Mwembeshi Prison, was ordered to undergo a medical evaluation to determine if his health conditions required treatment abroad.

Mwamba claimed to suffer from multiple ailments, including prostate cancer, heart disease, and diabetes.

Judge Mathew Zulu ruled that an independent medical board must assess whether Zambian facilities could provide adequate treatment.

While the court upheld Mwamba’s right to healthcare, it did not declare the state’s refusal to allow foreign treatment unconstitutional.

Kamanga v. Attorney General

FAZ President Andrew Kamanga filed a petition in the Lusaka High Court demanding the return of his passport, which had been seized by the Drug Enforcement Commission (DEC) following his arrest on fraud-related charges.

Kamanga argued that DEC had never formally required him to surrender his passport and that the travel restrictions had caused business losses.

He sought damages for reputational harm and financial setbacks.

Azadi Investments v. Ronald Chitotela

The Economic and Financial Crimes Court ruled that former Tourism Minister Ronald Chitotela must pay Value Added Tax (VAT) on K6.5 million owed to Azadi Investment Limited for the construction of his house.

Chitotela admitted to owing the company after paying only K3.15 million of the agreed K9.65 million price.

The court ordered him to settle the outstanding balance along with VAT and interest or risk losing the property.

The People v. Wilfred Muma

Former High Court Judge Wilfred Muma was found with a case to answer in a matter involving the transfer of Zambia Army land to the Patriotic Front (PF).

Prosecutors alleged that while serving as Commissioner of Lands, Muma facilitated the transfer of military land to PF trustees without following due process.

The Economic and Financial Crimes Court ruled that the prosecution had provided sufficient evidence, requiring Muma to present his defense.

Marjory Nakaponda v. Bowman Lusambo

Isoka MP Marjory Nakaponda sued former Kabushi MP Bowman Lusambo, demanding a refund of K375,000 after a failed house purchase.

Nakaponda claimed she had made partial payments for a house in Silverest, Chongwe, but Lusambo became a unresponsive after receiving the money. Despite multiple attempts to recover her funds, Lusambo allegedly failed to fulfill his promise to refund her.

Notably, Lusambo is currently serving a four-year prison sentence for corruption.

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