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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 the common good.
APRIL REVIEW
April ended on a cautiously optimistic note in the dispute involving the family of late former President Edgar Lungu and the Zambian government, following court intervention in South Africa that signalled a shift toward a more structured, judicially managed process.
Across the board, proceedings during the month reflected a justice system grappling with complex questions of procedure, constitutional rights and accountability in sensitive and high-stakes cases.
Esther Lungu v Attorney General
The Pretoria High Court has tightened its grip on the legal battle surrounding the remains of former President Edgar Lungu, placing the matter firmly under judicial supervision.
In a ruling that reset the trajectory of the case, the court ordered that any person seeking access to the body must first obtain a court order, with notice given to the Lungu family. It also set aside an earlier ex parte order that had allowed the release of the body to the family, effectively halting any immediate transfer and restoring judicial control pending an appeal before the Supreme Court of Appeal.
To preserve the status quo, the court directed that the remains be placed in the custody of AVBOB Funeral Parlour in Pretoria East, with the Zambian government assuming the costs. It added that an alternative mortuary would be appointed should AVBOB decline.
The ruling followed allegations that the Lungu family had acted outside the court’s earlier directives by instructing the South African Police Service (SAPS) to move the body to a private funeral facility in the East Rand.
In challenging the earlier order, Attorney General Mulilo Kabesha told the court that it had been obtained without full disclosure. He argued that the family did not inform the court that SAPS had already taken lawful custody of the body under South Africa’s Inquests Act for forensic purposes, creating what he described as a misleading basis for urgent relief.
Kabesha alleged that the family’s actions were inconsistent with a prior court order designating Two Mountains as the official undertaker, suggesting an attempt to bypass established arrangements. He warned that such steps could interfere with the inquest process and undermine judicial oversight, urging the court to retain controlled custody of the remains until all legal and forensic processes are completed.
The People v Francis Chipyoka and Others
Inside the Lusaka High Court, the murder trial of IBA Director General Guntila Muleya continues to unfold through a combination of forensic detail and financial evidence, painting a picture of both violence and possible underlying motive.
Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; March, 2026
Forensic pathologist Dr Victor Telendiy testified that Muleya might have been assaulted before he was shot, pointing to multiple bruises observed on the body. These included marks on the wrists, lips and lower limbs.
“The cause of death was gunshot wounds to the chest and head,” Dr Telendiy said, explaining that each injury was independently fatal.
He described how one bullet entered through the left side of the chest, damaging the heart and lung before exiting through the back, while another was fired at close range into the head, penetrating the skull and exiting through the face. The nature of the head wound, he said, suggested the firearm had been discharged at very close proximity.
Beyond the fatal injuries, the presence of bruises raised further questions. Dr Telendiy indicated that marks on the wrists could suggest restraint. “I indicated that the hands were tied or handcuffed,” he told the court, while noting that other bruises could have occurred either before death or during the fall.
The court also heard evidence of internal bleeding consistent with severe trauma. As postmortem photographs were presented, the courtroom grew visibly tense, with the court warning those present about their graphic nature.
Alongside the medical evidence, the prosecution introduced details of a financial trail involving more than K14 million. Funds reportedly intended for legitimate payments to institutions such as the Zambia Revenue Authority and Airtel Networks Zambia Limited were allegedly diverted into accounts linked to private companies owned by one of the accused, Samuel Dokowe.
The accused in the matter include accountant Francis Chipyoka, police officers Basa Dokowe and Caleb Zulu, and systems engineer Samuel Dokowe. Muleya was abducted on July 23, 2024, and his body was later found in the Njolwe area of Chongwe.
Attorney Kasolo v Law Association of Zambia (LAZ)
A legal challenge to the 2026 Law Association of Zambia elections has brought scrutiny to the conduct of electronic voting within professional institutions.
Lusaka lawyer Anthony Kasolo has petitioned the High Court to nullify the April 11 elections, arguing that they were marred by irregularities and failed to meet legal standards. He is seeking an order for fresh elections to be conducted in accordance with the law.
The elections were conducted electronically using a South African firm. However, discrepancies in the figures have raised concern. While a list of 2,570 eligible voters was published, the final results reflected 2,565 eligible voters, with 1,825 votes cast and 170 abstentions. More significantly, the petition points to a figure of 27,658 valid votes—far exceeding the number of eligible voters.
Kasolo also questioned the integrity of the process, citing the reported apprehension of the individual overseeing the electronic system during the voting period, which he argues disrupted proper supervision.
Further concerns relate to the hosting of servers outside Zambia without regulatory approval, limited access to the tallying process for candidates and agents, and allegations that some voters were unable to participate due to technical issues such as access codes being diverted to spam folders.
He also alleges that the voters’ roll was altered shortly before the election and that the results announced were not signed by the returning officer.
“The election process was fundamentally flawed and failed to meet the legal standards required,” Kasolo stated in his petition.
He has since asked the court to order a forensic audit of the system, inspection of logs and a recount of votes.
Tresford Chali v Attorney General
The High Court is also being asked to weigh in on the constitutionality of recent amendments to the Criminal Procedure Code that make certain sexual offences non-bailable.
Constitutional lawyer Tresford Chali has challenged the provisions, arguing that they undermine fundamental rights, including personal liberty and the presumption of innocence.
“The removal of bail from sexual offences will automatically place an accused person as guilty before their side of the story is heard,” Chali submitted.
He argued that extended pre-trial detention could amount to inhuman or degrading treatment, particularly in a system where cases may take years to conclude. He also questioned whether the law meets the threshold for limiting rights in the interest of public safety or morality, noting a lack of supporting evidence.
The petition raises additional concerns about the absence of measures to ensure expedited trials and the lack of safeguards against false accusations.
Chali is seeking a declaration that the provisions are unconstitutional. The Attorney General is listed as the respondent.
The People v Elias Zulu and Davies Kawala
In a separate matter, the Lusaka Magistrate’s Court has convicted two men of rape, in a case that underscored the court’s reliance on consistent testimony and corroborating evidence.
Elias Zulu and Davies Kawala were found guilty of assaulting a woman in Bauleni on October 31, 2024. The court heard that the victim had been escorted by the accused before the incident occurred near the Zambia Air Force boundary fence.
The accused denied the allegations, claiming the encounter was consensual and involved a payment arrangement. However, the court rejected this version of events.
“The complainant’s testimony was supported by independent evidence, and her conduct in reporting the matter is not consistent with the accused’s version,” Magistrate Kawama Mwamfuli said.
Evidence presented included medical findings confirming sexual intercourse and a subsequent pregnancy. The court also considered attempts by the accused to settle the matter outside formal proceedings after it had been reported.
The case has been committed to the High Court for mitigation and sentencing, with the law prescribing a minimum sentence of 15 years.
The People v John Nundwe
Meanwhile, the Lusaka Magistrates’ Court ruled that clergyman John Nundwe, also known as Bishop John General, has a case to answer in a rape matter.
Nundwe, who leads a church in Matero Township, is accused of sexually assaulting a married congregant who had sought spiritual assistance.
The allegations came to light after the woman’s husband reportedly found the accused at their residence. In ruling that the accused must enter a defence, Magistrate Army Masoja said the prosecution had presented sufficient evidence to proceed.
The matter has been adjourned for continuation of trial proceedings.
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