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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.
JUNE REVIEW
As temperatures dropped in June, the Zambian legal landscape heated up with explosive courtroom showdowns and major judicial pronouncements affecting politically exposed persons and state institutions.
From dramatic legal wrangling over the burial of former President Edgar Lungu to the Constitutional Court halting proposed constitutional amendments, June offered a glimpse into the collision of politics, power, and justice.
AG vs Esther Lungu & 8 others
The High Court in Pretoria, South Africa, on suspended the burial of Zambia’s sixth Republican President, Edgar Chagwa Lungu, following a legal challenge by the Zambian government.
The urgent application, filed by Attorney General Mulilo Kabesha, questioned the family’s decision to lay the former president to rest in South Africa. The court directed Kabesha to file detailed arguments by July 4, explaining why the former President should not be buried outside Zambia.
Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; April, 2025
The matter will be heard as a special motion on August 4, 2025. However, Kabesha expressed optimism that a consensus could be reached before then.
“This time allows us to continue dialogue and possibly reach consensus. There’s no need to wait until August if we can agree sooner,” said Kabesha. “He went to South Africa for medical care. He was not a refugee. Morally, culturally, and spiritually, he must be buried in Zambia.”
Munir Zulu, Celestine Mukandila vs AG
In a landmark ruling, the Constitutional Court halted the government’s constitutional amendment drive dubbed “Bill 7”, calling it unconstitutional and lacking public participationatyo.
Delivering the majority decision, Court president Professor. Margaret Munalula and three other judges ordered that any future amendment must be led by an independent expert body and driven by citizen consultations.
“There is no evidence on record of a structured engagement with the general public,” the bench held, noting that proposed changes, including controversial constituency reconfigurations (delimitations), risked triggering chaos ahead of the 2026 elections.
The ruling came after a petition by Celestine Mukandila and jailed Munir Zulu,who challenged the government’s unilateral process.
A dissenting opinion by three judges argued the process was legal under Article 79, but the majority prevailed, compelling a full restart grounded in constitutional spirit and citizen input.
Francis Muchemwa v ACC
Former Intercity strongman and PF mobiliser Francis “Commander 2” Muchemwa failed to overturn his three-year conviction for possession of K11 million worth of unexplained property and fraudulently obtained travel allowances.
A three-judge High Court panel dismissed Muchemwa’s appeal, stating he failed to provide documentation proving lawful ownership. He was also found guilty of collecting K141,000 in travel allowances for trips he never undertook as Zesco employee.
Despite claiming an unfair trial, the court ruled the state had met its burden of proof under the Forfeiture of Proceeds of Crime Act.
The People v Kelvin Sampa
Former Kasama MP Kelvin Sampa was sentenced to two years with hard labour for defrauding businessman Salehe Sengulo of over K1.4 million under false promises to secure the release of seized goods.
Sampa claimed to have connections at ZRA and collected money to intervene, but instead pocketed K1.2 million as “commission.” Senior Magistrate Trevor Kasanda found him guilty, rejecting mitigation arguments for a non-custodial sentence.
“Such crimes are increasingly common and warrant deterrent sentences,” the court ruled.
Charity Katanga v DPP
Once a high-ranking police official, Charity Katanga began serving a three-year sentence in June after the High Court upheld her conviction for possessing property suspected to be proceeds of crime,namely 10 Higer buses worth over K26 million.
The court found her declared income between 2017 and 2021 was just K1.7 million, far below what she spent on the buses. Only K100,000 could be traced to legitimate sources.
Judges dismissed her claims of insurance payouts and loan financing without supporting documentation, affirming that property can be forfeited without a specific predicate offence if linked to unlawful activity. The buses have been forfeited to the State.
Andrew Kamanga V AG
Former FAZ president Andrew Kamanga secured a partial win in his legal battle against the Drug Enforcement Commission (DEC), with the Lusaka High Court ordering that he be presented before a competent court within 120 days.
Judge Situmbeko Chocho ruled that the DEC’s prolonged delay and travel restrictions violated Kamanga’s constitutional rights.
Kamanga was arrested in April 2024, released the same day, but subjected to travel limitations without being taken to court.
While claims for damages were dismissed for lack of evidence, the court emphasized the constitutional guarantee of a fair hearing within a reasonable time.
The People v Slyvia Mutaba and 4 others
Three daughters of the late George Kalaba and a family friend were each sentenced to one month in prison for failing to report his death, his skeletal remains were only discovered over a year later, decomposing on his bed.
Judge Anna Malata-Ononuju condemned their conduct as “inexcusable,” stating they continued life as normal while their father’s body rotted in their home. The sentence was backdated to January 14, 2025, the date of arrest.
Judge Malata-Ononuju sentenced Wendy Kalaba, 27, Sandra Kalaba, 22, and Natasha Kalaba, 19.
Also convicted was Preteria Mbandama, 44, a close friend of the deceased wife, Sylvia Mutaba.
Their mother, Sylvia Mutaba, remains on trial for manslaughter in connection with the death.
DPP
In the Economic and Financial Crimes Court, the Director of Public Prosecutions applied to forfeit over US$2.3 million, 5.6kg of gold bars, and high-value goods seized from Aamir Soeb Patel and Soeb Isa Patel of Hope King Investment Limited.
According to DEC investigator, Yvonne Bwalya, the contraband was discovered in Aamir Patel’s luggage at KKIA on April 18, 2025, as he attempted to fly to Dubai. The suspect claimed that yhe the bags contained meat, but were found to contain tightly packed dollars and gold bars.
Digital evidence linked Patel to Emirates Airlines’ Kirby Jilanda and airport official, Lennie Phiri, both allegedly facilitating repeated illegal exports. The DPP is seeking non-conviction-based forfeiture under anti-money laundering laws.
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