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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.
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.
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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