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Justice O’ Metre: Recap of cases involving politically-exposed persons, others; November, 2025

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Justice O’ Metre

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 common good.

NOVEMBER REVIEW

November brought the President into the courtroom arena at least on paper, while also delivering early festive relief to influential convicts who secured temporary freedom through bail.

The month was legally charged, politically sensitive, and constitutionally consequential.

Here is the review.

Mundubile, Mukandila v Hichilema & Attorney General

In what may become one of the defining constitutional disputes of this decade, PF Mporokoso MP, Brian Mundubile and Tonse National Youth Secretary Celestine Mukandila, sued President Hakainde Hichilema in the Constitutional Court, accusing him of breaching his oath of office through the controversial constitutional amendment process under Bill 7.

The petitioners argued that the President initiated a constitutional overhaul without broad-based consultation and in violation of Articles 8(c) and (e), 9, 90, 91 and 92 of the Constitution.

Read more: Justice O’ Metre: Recap of cases involving politically-exposed persons, others; September, 2025

They further asked the court to declare him unfit for future presidential nomination.

Their challenge traces back to March 8, 2025, when President Hichilema announced constitutional reforms during International Women’s Day commemorations.

Only weeks later, on March 25, Minister Sylvia Masebo Kasune informed Parliament that the technical work was complete and that a draft amendment bill was ready.

The petitioners noted that Bill No. 7 of 2025 was published in the Government Gazette on May 23 without the wide public participation required.

They claimed the Constitutional Court had already condemned the process as unconstitutional for being presidentially engineered and lacking public involvement, rendering the bill null and void.

Despite this, they said, the Government insisted the bill would be reintroduced for enactment, a stance position they described as defiant of court authority.

The petition now places the President directly in the legal spotlight, with significant implications for constitutional order and 2026 electoral eligibility.

Fredson Yamba v The People

Former Secretary to the Treasury, Fredson Yamba, walked out of detention after the High Court granted him K500,000 bail pending appeal, decision that underscored the complexity of his case and the potential strength of his legal challenge.

Yamba was convicted by the Lusaka Magistrates’ Court on two counts of willful failure to follow procurement procedures in the controversial US$5.5 million chancery acquisition in Turkey. But he insisted his appeal stood on firm legal ground.

A three-judge panel of Pixie Yangailo, Ian Mambulobbolo and Vincent Siloka, took the unusual step of describing the appeal as raising a novel point of law of public importance.

The issue concerned whether all statutory provisions cited in each count were essential elements that required proof beyond reasonable doubt. The judges were not prepared to say Yamba’s appeal was doomed.

Finding “exceptional circumstances,” the court released him on bail, bonded with two working sureties. The ruling signals that the final outcome of the case remains far from settled.

Kingsley Chanda & Callistius Kaoma v The People

Former ZRA Commissioner General Kingsley Chanda and ex-director Callistius Kaoma secured bail months after receiving six and nine-year sentences respectively for abuse of authority in the disposal of 22 government vehicles.

The State argued they should remain behind bars because the Economic and Financial Crimes Court handles appeals within five months. But Chief Resident Magistrate Sylvia Munyinya-Okoh disagreed, noting that records may not be compiled quickly and that the men risked serving a “substantial portion” of their sentences before their appeal was heard.

She ruled that their grounds of appeal raised substantial questions of both law and fact not frivolous or hopeless.

Both were granted K50,000 bail with two working sureties each, allowing them to continue their legal battle from outside prison.

The People v Kelvin Nyambe

At the bottom of the justice ladder, a 29-year-old security guard, Kelvin Nyambe, was sentenced to 20 months with hard labour for stealing essential medicines, including ARVs,from the University Teaching Hospital.

Nyambe was caught packing bottles of Panadol, Ibuprofen and ARVs into a black bag while assigned to guard the building where medicines were temporarily stored.

An internal audit revealed shortages valued at K55,600. During interviews, he gave no clear explanation and later issued a warn-and-caution statement admitting the theft.

In mitigation, he pleaded for leniency, citing his young family. But Magistrate Anna Holland emphasised that theft of public medical supplies directly threatens lives: “While I note your guilty plea, theft of medical resources meant for all Zambians is a grave offence.”

Adolphus Mubanga v The People

The Economic and Financial Crimes Court upheld the conviction of Lusaka businessman Adolphus Mubanga on one count involving K4.05 million suspected to be proceeds of crime, while acquitting him on two other counts.

Mubanga, nephew to former Defence Minister Geoffrey Mwamba, argued he managed funds on behalf of Curzon Global Hong Kong. The High Court partially agreed, acknowledging evidence of an agency relationship despite the lack of a written contract.

However, the court ruled that Mubanga provided no credible documentation linking the K4.05 million to the company. It cited a questionable narration referencing “maize and soya,” which weakened his explanation.

Thus, only the two-year sentence on the first count survived. The other two counts—K980,000 and K525,954, were overturned after the court accepted his explanations.

Mubanga, previously on bail, begun serving the reduced two-year term.

Chief Machiya & Others v Sino Metals & NFC Africa Mining

Chief Machiya of Mpongwe and 20 residents filed a US$50 million lawsuit against Sino Metals and NFC Africa Mining, accusing the companies of environmental degradation affecting water, soil and public health.

They want the funds to support an independent environmental and social impact assessment, long-term medical care for residents and community rehabilitation.

The claim alleges violations of the Water Resources Management Act, Environmental Management Act and Mines and Minerals Development Act. The case adds to growing tension between mining houses and host communities demanding accountability.

Robert Chabinga v Miles Sampa, PF Faction

In the latest chapter of the PF’s prolonged internal dispute, the Kabwe High Court granted Mpika legislator Robert Chabinga an interim injunction stopping the Given Lubinda-led faction from convening meetings or conferences in the party’s name.

Justice Kelvin Limbani ordered that the faction be barred from occupying the PF secretariat, issuing receipts, using party materials or carrying out party activities until the matter is fully resolved.

Chabinga maintains that the PF can only hold a convention in 2027, not earlier—raising the stakes in a battle that continues to leave the once-governing party fragmented and legally entangled.

Sampa however applied for leave in the Lusaka High Court to commence contempt of court proceedings against Morgan Ng’ona and Robert Chabinga, accusing them of defying a Lusaka High Court order restricting the two from masquerading as Secretary General and President of the Patriotic Front ( PF) respectively.

In his affidavit in support of an ex- parte application, Mr Sampa, who is sued in his capacity as PF president, argued that both men acted in open disregard of a March 25, 2025 Lusaka High Court ruling that restored his earlier decisions to remove them from their respective party positions.

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