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Welcome to Justice O’ Metre, your independent tracker for high-profile cases involving politically-exposed individuals within Zambia’s judicial system, rule of law, and justice administration.
August Review
August 2024 witnessed significant judicial activity in Zambia, featuring notable developments and twists in prominent cases. From the re-arrest of gold dealer, Sedrick Kasanda, to Socialist Party leader, Fred M’membe’s court appearance, the Zambian legal landscape continues to evolve with key issues of governance, transparency, and human rights at the forefront.
The People v. Fred M’membe
Fred M’membe, president of the Socialist Party, appeared in Lusaka Magistrates’ Court facing charges of seditious practice. M’membe pleaded not guilty to accusations stemming from a social media post alleging that DRC President Felix Tshisekedi paid US$20 million to silence Zambia. M’membe argued that this payment aimed to suppress critical reports of Tshisekedi’s alleged corruption and human rights abuses.
Charged under Sections 57(1)(c) and 60(1)(b) of the Penal Code, which criminalize statements inciting hatred or disaffection against the government, M’membe contends his statements were in the public interest. His defense team emphasized concerns over regional stability and governance.
The People v. Sedrick Kasanda
Lusaka businessman and gold dealer Sedrick Kasanda made headlines following his release from detention, where he had been held for over a year on charges of aggravated robbery. Kasanda was granted a writ of habeas corpus by High Court Judge Geoffrey Mulenga after arguing unlawful detention. Despite an earlier nolle prosequi in his case, Kasanda was re-arrested, leading to a petition challenging the Director of Public Prosecutions’ actions and raising constitutional questions about the DPP’s powers.
ACC v. Emmanuel Mugala and Others
The Economic and Financial Crimes Court (EFCC) ordered the forfeiture of properties valued at over K100 million linked to Emmanuel Mugala. Mugala, accused of acquiring assets through illegal means via his company Pittscon Zambia Limited, faces significant legal battles as he and his associates apply for leave to appeal the court’s decision, citing legal and factual inconsistencies.
UNILUS v. Attorney General
The University of Lusaka (UNILUS) reached an agreement with the Zambian government over the late President Levy Mwanawasa’s retirement home dispute. The government will compensate UNILUS with 18 hectares of land in Chongwe district, replacing the original property. In return, UNILUS will withdraw all claims and cease further legal action.
Manyando Manyando v. Attorney General
Seventeen United Party for National Development (UPND) cadres were awarded K10.2 million in compensation for false imprisonment. The State also agreed to cover K800,000 in legal costs. The case, involving arrests during a 2015 procession, concluded with a consent judgment acknowledging false imprisonment and police brutality.
Bank of Nevis v. Minister of Finance
The Bank of Nevis International Limited filed a legal challenge against the Zambian government over the compulsory liquidation of Investrust Bank Plc. The bank argues that the liquidation process lacked proper consultation and seeks judicial review to halt the process pending the establishment of a tribunal.
Isaac Mwanza v. Attorney General
Debate over Zambia’s stance on homosexuality intensified as civil activist Isaac Mwanza and the Zambia Civil Liberties Union (ZCLU) challenged the constitutionality of Section 155(c) of the Penal Code. The petitioners argue it discriminates based on sexual orientation, while Christian organizations oppose the legalization of same-sex relationships, citing Zambia’s Christian values.
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