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In a dramatic legal twist, jailed Lumezi Member of Parliament, Munir Zulu, has petitioned the Lusaka High Court, seeking damages for alleged wrong imprisonment stemming from his recent libel conviction.
Zulu, currently serving a 12-month sentence for defaming Finance Minister Situmbeko Musokotwane, Infrastructure Minister Charles Milupi, and Road Development Agency board chairperson Mulchand Kuntawala, is challenging both the conviction and the legality of the trial process.
In a petition filed on April 15, 2025, through Nkunika and Chipeta Legal Practitioners, Zulu has sued the Attorney General and Chief Resident Magistrate Davies Chibwili, arguing that his prosecution and conviction violated constitutional provisions, particularly those protecting parliamentary privilege and freedom of expression.
Zulu contends that the statement for which he was convicted was made within the precincts of Parliament—specifically at the Media Centre—while he was acting in his capacity as MP and as Secretary of the Zambian chapter of the African Parliamentary Network Against Corruption (APNAC).
“The statement in question was made within the boundaries of the National Assembly and is therefore covered by parliamentary immunity,” the petition reads.
Read more: Jailed ex-MP, Zulu, seeks bail pending appeal in criminal libel conviction
Zulu cited Article 76 of the Constitution, which prohibits courts from exercising jurisdiction over speech made by Members of Parliament within the confines of Parliament.
He added that the statement was based on information from a whistleblower and made in good faith in the public interest.
Zulu further argued that the Subordinate Court, presided over by Magistrate Chibwili, erred by proceeding with the case without first referring his constitutional objections to the Constitutional Court, as required when constitutional interpretation is in question.
He accused the magistrate of violating the separation of powers by intruding into the legislative domain, asserting that only Parliament has the authority to discipline its members for abuse of privilege.
The petition also challenges the declaration of Zulu’s parliamentary seat as vacant, describing it as an unconstitutional consequence of an unlawful conviction that deprived the people of Lumezi of their representation.
Zulu is asking the Constitutional Court to:
1. Declare the criminal proceedings against him unconstitutional and void,
2. Quash the conviction and sentence,
3. Expunge the proceedings from public records,
4. And award him damages for false imprisonment.
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