By 
Former Nkana Member of Parliament, Binwell Mpundu, failed to appear before the Lusaka Magistrates’ Court on Thursday, with his whereabouts unknown, while six men arrested on election day have separately asked the High Court to intervene over their alleged continued detention without being taken before a court.
The court was informed that Mpundu, who is also an opposition politician, was expected to appear before Magistrate Webster Milumbe for a ruling on whether the prosecution had established a case requiring him to answer.
When the matter came up, the State indicated that Mpundu was not in court and that there was no explanation for his absence.
Defence lawyer Norman Siwila told the court that attempts to reach Mpundu had been unsuccessful, with all the telephone numbers known to him not going through.
Siwila said the accused had two sureties, former Kamfinsa MP Christopher Kang’ombe and Mulenga Fube, but neither was available to account for his absence.
According to Siwila, Kang’ombe had been notified that Mpundu was absent but could not travel to court because he was on the Copperbelt and had been informed at short notice.
Fube, who had been contesting the Chilubi Island parliamentary seat, was also contacted but did not answer his phone.
Siwila asked Magistrate Milumbe to allow the sureties an opportunity to appear and explain the circumstances surrounding Mpundu’s absence before any further action was taken.
The court consequently directed Kang’ombe and Fube to attend court on September 17, 2026, to explain Mpundu’s absence and, if known, disclose his whereabouts.
Meanwhile, the six men — Newton Miti, Joseph Phiri, Collins Kawali, Kennedy Chimfwembe, Emmanuel Banda and Fredman Muchili — have approached the High Court seeking leave to commence habeas corpus proceedings.
In an affidavit supporting the application, Siwila said the men were apprehended together on August 13 and had remained in police custody without being brought before a competent court.
According to a police statement, the six men were allegedly found in possession of offensive weapons and election materials belonging to politician Sean Tembo, who was contesting the Roma constituency.
However, Siwila said he was not aware that any of the six had been formally charged with a criminal offence or of the legal basis for their continued detention.
The application names the Attorney General, Inspector General of Police, officer-in-charge of Chelston Police Station and whoever has custody or control of the six men as respondents.
Siwila is asking the High Court to hear the matter during the current Michaelmas vacation, arguing that continued detention without a court appearance makes the matter urgent.
Mpundu is charged with one count of seditious practices under Section 57(1)(b), as read with Section 60(1)(i) of the Penal Code, arising from allegations concerning statements he allegedly published on December 20, 2024, that the opposition should arm themselves and defend themselves with the same measure.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments