Zumani, three others suffer another setback, as Court of Appeal dismisses bail application

The Court of Appeal has dismissed an application for bail pending trial by ex-political advisor, Chris Zumani and three others, charged with terrorism.

Court of Appeal Deputy President, Chalwe Mchenga, in his ruling on the renewed application for bail pending trial, said the court had no jurisdiction to grant such an application.

Justice Mchenga stated that Section 123 of the Criminal Procedure Code (CPC) made no provisions for the renewal of an application for bail pending trial in the Court of Appeal.

He added the Court of Appeal only had authority to grant bail pending appeal.

Judge Mchenga, however, said that an exceptional circumstance in which the Court would grant bail pending trial was if the applicant was a child and this is supported by section 69(4)(b) of the Childrens Code Act.

“This being the case,the only time when the court of Appeal can grant bail pending trial is when the applicant is a child. The information before me doesn’t suggest that any of the applicant’s is a child to warrant consideration of their application of bail pending trial,” he said.

He ruled: “I find that I have no jurisdiction to entertain these applications for bail pending trial. The applications are, therefore, dismissed for want of jurisdiction,”.

Zumani, the political advisor to former President Edgar Lungu, and his co-accused, Given Phiri, Marlone Banda and Potipher Gwai were on May 30, this year, arrested and charged with the offence of being in possession of articles for terrorism or proliferation purposes, contrary to Section 25 of the Anti-Terrorism Act no.6 of 2018 as read together with Section 2 of the Anti-terrorism Act no.6 of 2023

High Court Judge, Chinyanwa Zulu declined to grant them bail pending trial because the offence was not bailable.

The mandatory sentence for terrorism in Zambia is life imprisonment.

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