Chungu to miss political campaigns as Court denies him bail over alleged state security breaches

Former Zambia Security Intelligence Service (ZSIS) Director-General, Xavier Chungu, will be unable to actively campaign for the August General Election after the Lusaka Magistrates’ Court denied him bail, ruling that his release would be prejudicial to the safety and interests of the Republic.

Chungu, 73, who is the Liberal Democratic Party (LDP) presidential candidate in the forthcoming elections, will remain in custody pending trial on four charges under the State Security Act.

The charges comprise one count of communicating certain information, one count of seditious practices, and two counts of publication or disclosure of information to unauthorised persons.

In a ruling delivered on Friday, Chief Resident Magistrate Nthandose Chabala held that the court had no discretion to grant bail once the Director of Public Prosecutions (DPP) issued a certificate objecting to bail under Section 123(4) of the Criminal Procedure Code.

The provision states that a person charged with an offence under the State Security Act shall not be admitted to bail where the DPP certifies that granting bail is likely to prejudice the safety or interests of the Republic.

“I have noted that the provision uses the word ‘shall’. This means that the law is couched in mandatory terms and the court is not given any discretion once the certificate has been issued,” Magistrate Chabala ruled.

Read More: State tells court to deny party leader, Chungu, bail pending trial; cites national security concerns

The magistrate rejected the defence’s argument that the State was required to produce evidence supporting the DPP’s certificate.

She held that established legal authorities do not require the DPP to disclose the basis upon which he is satisfied that granting bail would prejudice the safety or interests of the Republic.

Magistrate Chabala further distinguished the matter from The People v Sedrick Kasanda, noting that the offences were brought under different provisions of the State Security Act and that, unlike in the Kasanda matter, the DPP had already granted consent to prosecute before issuing the certificate objecting to bail.

According to the prosecution, the charges arise from statements allegedly made by Chungu during a May 24, 2026 interview on That Zed Podcast.

The State alleges that Chungu disclosed information obtained during his tenure as intelligence chief, including information relating to intelligence operations, the use of intelligence passports, and regional political matters.

The matter has been adjourned to June 26, 2026, for mention pending the issuance of a certificate of committal to the High Court for trial.

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