Former Defence minister, Chama, convicted for brutal 2015 attack on UPND supporter

After nearly a decade since the offence, former Defence Minister Davies Chama and his co-accused Brian Nyoni have been convicted and sentenced by the Lusaka High Court for shooting a United Party for National Development (UPND) supporter during the tense Mulobezi Parliamentary by-election in 2015.

The two were found guilty of Acts Intended to Cause Grievous Harm, contrary to Section 224(a) of the Penal Code, following the wounding of UPND cadre, Mushaukwa Mushaukwa on June 6, 2015, in Lingulyangulya Plains, Mulobezi District.

In a judgment delivered by Mongu-based High Court Judge, John Mbuzi, the court held that the duo, acting jointly and deliberately, used excessive and unjustified force on the unarmed victim, culminating in a brutal assault involving gunshots, stabbing, and dragging him with a vehicle.

According to the court’s findings, the violence erupted during the highly contested by-election between the Patriotic Front (PF) and UPND.

The altercation occurred when Chama and Nyoni encountered a vehicle carrying UPND supporters along a bush road. Although the defence claimed self-defence, the court ruled that Mushaukwa posed no threat and had already been incapacitated by the first gunshot when the further attacks took place.

Judge Mbuzi noted that the accused had ample opportunity to retreat but instead escalated the violence. “The sequence of events reveals a clear and calculated intent to inflict grievous harm,” he said, adding, “These acts were not defensive but shockingly brutal and barbaric.”

Though the prosecution was initiated six years after the incident and the trial spanned several years due to legal delays and witness availability, the court affirmed that criminal liability does not lapse with time. Quoting legal authorities and common law principles, the court underscored that the State was within its rights to prosecute the matter after such a lapse.

Both Chama and Nyoni were found culpable under the doctrine of common purpose. The court ruled that while Chama fired the gunshots and inflicted knife wounds, Nyoni aided the act by driving into the bush where the attack occurred.

Judge Mbuzi held that the defence of self-defence was “untenable” and convicted both men accordingly, stating the prosecution had proved its case beyond reasonable doubt.

Sentencing is set for August 8, 2025.

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