Congolese nationals granted bail in Lusaka ivory smuggling case, govt to call 10 witnesses on May 29

Three Congolese nationals accused of participating in an illegal ivory smuggling operation involving 69 pieces of ivory have been granted bail by the Lusaka Magistrate’s Court.

Senior Resident Magistrate, Trevor Kasanda, on Thursday granted bail of K50,000 cash each to Luhale Alumba, 57, Osemo Wembo Luhale, 27, and Allan Ngwangwa, 26. Each of them is required to provide two civil servants as sureties, bonded at K20,000 each.

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The court also ordered them to surrender their passports to prevent possible flight.

The trio is jointly charged with two Zambian nationals—Peter Kainga Mukanga, 38, and Watson Zyoya—for unlawful possession of a prescribed trophy, contrary to Section 130(1) of the Zambia Wildlife Act No. 14 of 2015, as read with Statutory Instrument No. 1 of 2016.

Mukanga and Zyoya were also granted bail on the same terms.

According to the indictment, the five, acting with unknown accomplices, were allegedly found in possession of 69 pieces of ivory weighing 528.8 kilograms between April 12 and 13, 2025, in Lusaka without documentation authorising possession.

In court, defence lawyer Humphrey Mulenga urged the court to grant bail to all the accused, stating that some had fixed addresses and were ready to comply with bail conditions.

“The offence is bailable, and the law is clear that an accused person is presumed innocent until proven guilty,” Mulenga submitted.

However, State prosecutor Aaron Tuntuluka opposed bail for the Congolese nationals, citing a high flight risk.

“They have no specific residential addresses or house numbers. If they abscond, it will be nearly impossible to find them,” Tuntuluka argued.

Mulenga countered that accused number one, Alumba, had been a permanent resident of Zambia since 1991, was married to a Zambian, and posed no flight risk. He added that Alumba’s son, Osemo Wembo, is a student born to a Zambian mother and willing to comply with court orders.

“There is no law that prohibits a foreign national from being granted bail. What matters are the conditions set by the court,” he said.

After reviewing submissions from both sides, Magistrate Kasanda ruled that the charges were bailable and that the defence had presented “satisfactory reasons” to justify the release of all five accused pending trial.

The case has been adjourned to May 29, 2025, when the State is expected to call 10 witnesses.

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