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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
September Review
September turned up the heat in the courts, from an extraordinary witchcraft plot against President Hakainde Hichilema to the former first family losing yet another battle over the late Edgar Lungu’s remains.
Here’s a detailed review of the month’s headline-making cases.
The People v Candude, Phiri
It was a courtroom drama fit for a political thriller. Magistrate Fine Mayambu sentenced two men to two years in prison for conspiring to kill President Hichilema using witchcraft.
Mozambican Jasten Mabulesse Candude and Zambian Leonard Phiri were convicted for professing witchcraft and possession of charms. They will serve two years concurrently from December 2024.
The prosecution revealed chilling details: the men allegedly conspired with fugitive former MP Emmanuel Jay Banda, who promised them K13.5 million to carry out the plot. Phiri even described the mission bluntly as “kupa”—to kill.
The men travelled across borders, camped separately, and planned meticulously before being arrested. Magistrate Mayambu stated that their intentions extended beyond instilling fear.
“The convicts were not only targeting the President, but they also became enemies of all Zambians. Had their mission succeeded, it would have destabilized the nation politically and economically,” he ruled.
Despite pleas for leniency, the court dismissed their mitigation, underlining the seriousness of attempting to assassinate a Head of State even through sorcery.
Esther Lungu v Attorney General
The late Sixth President Edgar Lungu’s family suffered another legal defeat in South Africa after the Gauteng High Court dismissed their bid to stop the Zambian government from repatriating the former president’s body.
Deputy Judge President Aubrey Ledwaba and two other judges rejected the family’s arguments, finding no reasonable prospects of success. The court reaffirmed its earlier ruling that the state had the right to organise a state funeral for a former Head of State.
The family, led by former First Lady Esther Lungu and represented by renowned lawyer Tembeka Ngcukaitobi, had argued that as heirs, they held exclusive burial rights under common law.
They further contended that South African law should apply since the body lay in Pretoria, and cited an alleged agreement (FAA7) which they claimed excluded state involvement in the repatriation.
But the court found no merit in the claims. Zambia’s Attorney-General Mulilo Kabesha successfully argued that Lungu’s status entitled him to burial benefits at state expense. The court also dismissed the relevance of contracts over a corpse, warning that such disputes should not trivialise the dignity of the dead.
The application was dismissed with costs, including fees for two senior counsel. However , government and the family are currently in talks.
Munir Zulu v Attorney General & Others
Former Lumezi MP Munir Zulu, now serving a 12-month sentence for criminal libel, has shifted his fight from Parliament to the courtroom.
He petitioned the Lusaka High Court, alleging humiliating and degrading treatment at Mwembeshi Correctional Facility.
Zulu claims he was repeatedly forced to strip naked in front of fellow inmates between September 7 and 13, an ordeal he described as “psychologically damaging.”
He also accused prison officers of denying him access to money brought by visitors, a privilege traditionally granted to inmates.
He singled out four officers—Sarmakai, Tichaona, Luneta, and Shamzumba—as perpetrators of the degrading treatment.
His petition cites breaches of constitutional rights, including protection against inhuman treatment (Article 15), the right to privacy (Article 17), and the right to property (Article 16).
Zulu is seeking declarations that the officers’ actions were unlawful and an order to stop the alleged mistreatment.
The People v Chishimba Kambwili
Patriotic Front stalwart Chishimba Kambwili is back in the dock. The Lusaka Magistrates’ Court has set November 27, 2025, as the date for the commencement of his defence in a case of unlawful assembly.
Kambwili, who entered court visibly weak and leaning on aides, was placed on his defence after Magistrate Kawana Mwamfuli found a prima facie case against him.
He was jointly charged with Charles Kakula for unlawful assembly and riotous behaviour. Kakula faced an additional charge of hate speech but was discharged by the state in May.
The case is from events on January 26, when Kambwili allegedly convened a gathering deemed unlawful by the authorities. While critics call the charge political persecution, the state insists the law applies equally.
The People v Francis Kapwepwe
Blogger Francis Kapwepwe, better known as Why Me, continues to draw attention both online and in court. His hate speech trial hit a snag after Magistrate Andrew Mungala recused himself, citing professional reasons.
The case was reassigned to Principal Resident Magistrate Idah Phiri.
Kapwepwe, 29, is accused of using TikTok broadcasts to insult Vice President Mutale Nalumango, disparage the Tonga community, and allege that President Hichilema intended to crown Chief Mukuni as king. Prosecutors say his comments encouraged regional secession.
When he appeared before Magistrate Phiri, his lawyers raised a preliminary objection, arguing that Zambian courts lacked jurisdiction since the broadcasts were made while Kapwepwe was in Zimbabwe. Magistrate Phiri ordered the defence to file formal arguments, scheduling a ruling for October 9.
Kapwepwe remains in custody, with bail denied on grounds he is a flight risk.
The People v Fanwell Nyundu
Nearly four years after two lives were lost in a hail of bullets outside Cabinet Office, the case against Police Constable Fanwell Nyundu remains a painful reminder of December 23, 2020.
That day, State Prosecutor Nsama Nsama Chipyoka and UPND supporter Joseph Kaunda were killed during heavy police presence as then-opposition leader Hakainde Hichilema attended questioning at Police Headquarters.
Forensic evidence has since pointed to Nyundu as the shooter. Justice Egispo Mwansa ruled that Nyundu must enter his defence, setting October 10 for testimony.
Assistant Superintendent Daniel Banda, a ballistics expert, testified that both men were killed by the same AK47 bullet, fired from rifle serial number EN2650.
“The fatal bullet recovered from Kaunda is the very one that pierced through Nsama Nsama’s chest,” he told the court.
A total of 26 cartridges recovered from the scene matched the same weapon. With eyewitness accounts reinforcing the evidence, the case now hangs on Nyundu’s defence.
The People v Richard Mwanza
One of the most disturbing cases this month came from Kabanana Township, where 45-year-old deacon Richard Mwanza was convicted of defiling seven girls aged between nine and 15.
Operating from shops near a school, Mwanza lured the children under the guise of prayer before sexually abusing them. Testimonies revealed repeated assaults, with some victims contracting sexually transmitted infections.
One girl testified she had been abused at least eight times. Another said Mwanza threatened them with witchcraft to keep them silent.
Magistrate Chrispin Hampungani dismissed Mwanza’s defence that his diabetes rendered him incapable of sexual activity, noting that the crimes occurred during quiet hours when his shop could be locked.
Mwanza was convicted on all seven counts and committed to the High Court for sentencing.
Each charge carries a minimum of 15 years, meaning he faces up to 105 years in prison.
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