Rights Commission demands due process as 84 still detained in election-related incidents

The Human Rights Commission has urged the Zambia Police Service and the National Prosecution Authority to ensure prompt due process in all cases of prolonged detention following the 2026 General Elections.

Chairperson, Dr. Pamela Towela Sambo, said the Commission was concerned with the number of persons still in custody weeks after their arrests in connection with post-election incidents and other security operations.

In a statement issued in Lusaka on Thursday, Sambo said the Commission was monitoring at least 84 persons arrested or detained in connection with election-related incidents.

She stated that the Commission’s teams have been conducting regular visits to detention facilities, inquiries, spot checks and engagements with responsible institutions.

According to Sambo, the Constitution of the Republic of Zambia provides clear safeguards under Article 13 which protects the right to personal liberty and requires arrested or detained persons to be brought before a court without undue delay, while Article 18 guarantees the right to a fair hearing within a reasonable time.

“The provisions of the Constitution of the Republic of Zambia are instructive. Article 13 protects the right to personal liberty and requires arrested or detained persons to be brought before a court without undue delay,” she said.

Further, Article 18 guarantees safeguards for persons charged with criminal offences, including the right to a fair hearing within a reasonable time before an independent and impartial court.

Sambo further cited international obligations, noting that prolonged detention without charge or court appearance was contrary to Article 6 of the African Charter on Human and Peoples’ Rights and Article 9 of the International Covenant on Civil and Political Rights.

“Prolonged detention also exposes detainees to the risk of ill-treatment, restricts access to legal representation and undermines public confidence in the administration of justice,” she said.

Sambo gave details of cases under monitoring which include the case of Alphonso Daka and 42 others in Lusaka who remained in custody after their August 14, 2026 arrest in Roma Township.

Investigations were concluded and recommendations submitted to Police Headquarters, but as at September 1 all 43 were still detained.

“These detainees were warned and cautioned, and investigations at Chelston Police Station were concluded, with recommendations already submitted to Zambia Police Headquarters. However, as at 1st September 2026, all 43 persons remained in custody,” she said.

Other cases include six men detained for 19 days without charge following an operation in Ng’ombe Township on 13th August, and Enock Roosevelt Tonga arrested at the National Results Centre on 17th August.

Sixteen others, including musicians Moses Ng’andwe, Felix Ndangeni Inshila and comedian Winston Ngosa, were granted bail after spending days in pre-trial detention.

Sambo said the Commission was also monitoring 18 persons formally charged with treason, including National Reconciliation Party for National Unity and Prosperity (NRPUP) presidential candidate Brian Mundubile and his running mate Makebi Zulu.

“The Commission calls for all these 18 accused persons to be brought before a competent court without undue delay and for the matter to proceed strictly in accordance with the provisions of the law,” she said.

Sambo also raised particular concern over Kennedy Kamba, who has remained in detention for about two weeks after being granted bail and whose whereabouts were unknown for some time.

“The Commission calls upon the Zambia Police Service to comply with the court order and facilitate Mr Kamba’s immediate release, or timely appearance before court,” she said.

Sambo rejected capacity in police holding cells as justification for prolonged detention, and called on police to be guided by Section 33(1) of the Criminal Procedure Code on police bond.

She stressed that every detained person should be promptly charged, granted bond where appropriate, or released where there is no lawful basis.

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