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Former Zambia Security Intelligence Service (ZSIS) Director-General, Xavier Chungu, has been cited as a potential threat to the safety and interests of the Republic, with the State urging the court to deny him bail pending trial on security-related offences.
The State’s position is contained in a certificate issued by Director of Public Prosecutions (DPP) Gilbert Phiri and presented before Lusaka Magistrate Nthandose Chabala when the 73-year-old former intelligence chief appeared for explanation of charges and allocation of his matter to the High Court.
Chungu faces four charges: one count of communication of certain information, one count of seditious practices, and two counts of publication or disclosure of information to unauthorized persons under the Zambia Security Intelligence Service Act.
After the charges were read, Chungu, the leader of the Libral Democrats and 2026 party presidential candidate informed the court that he understood all four counts.
The matter was not committed to the High Court because the committal certificate had not yet been issued by the DPP.
The prosecution team, comprising Deputy Chief State Advocate Mercy Lungu, Senior State Advocate Sipholiano Phiri and other State advocates, informed the court that the DPP had issued a certificate opposing bail on grounds that Chungu’s release would be prejudicial to the safety and interests of the Republic.
However, defence lawyer Kennedy Mambwe, assisted by lawyers Yokania Daka, Geoffrey Kunda and M. Banda, applied for bail pending trial, arguing that the State’s claim was unsupported by facts.
“The reason advanced is vague and speculative as no facts have been demonstrated to show that the accused person’s release is likely to affect the safety and interest of the Republic,” Mambwe submitted.
He argued that Chungu continued to enjoy the constitutional presumption of innocence and reminded the court that the High Court had already granted him bail on June 4, 2026, on what he described as the same offences.
“The State did not object to that bail and the decision has not been appealed against,” Mambwe said.
In response, Lungu argued that the defence application was defeated by Section 123(4) of the Criminal Procedure Code, which specifically deals with offences touching on State security.
She submitted that once the DPP certifies that the safety and interests of the Republic are likely to be prejudiced by the release of an accused person, the court’s discretion to grant bail is removed.
Lungu further argued that the law does not require the prosecution or the DPP to provide detailed reasons beyond issuing the certificate.
Phiri supported the State’s position, arguing that the defence had focused on fair trial considerations rather than the legal requirements of Section 123(4).
He told the court that the provision only requires the DPP to certify that the safety and interests of the Republic are likely to be prejudiced and does not oblige him to provide further particulars.
Phiri likened the DPP’s authority under the provision to the constitutional power to enter a nolle prosequi, arguing that the exercise of that power could not be questioned once properly invoked.
“The only issue required under this provision is that the certificate must be issued. Neither is the DPP required to furnish reasons except to certify that it is likely that the safety and interest of the Republic of Zambia will be prejudiced. No further reasons are required,” Phiri argued.
He added that the provision was intended to safeguard national security interests, particularly in matters arising under legislation dealing with the security of the Republic.
In reply, Mambwe argued that unlike a nolle prosequi, Section 123(4) imposes conditions on the DPP’s exercise of power because the certificate must genuinely relate to the safety and interests of the Republic.
He maintained that the court was entitled to satisfy itself that the certificate had been issued in compliance with the law and reiterated that the High Court had already admitted Chungu to bail on the same charges without objection from the State.
According to the charge sheet, the publication and disclosure charges arise from statements allegedly made by Chungu during an interview on That Zed Podcast.
Prosecutors allege that he disclosed information acquired during his tenure as intelligence chief, including claims that he assisted in establishing intelligence systems in Botswana, introduced intelligence officials from South Africa and Mozambique to the Commonwealth intelligence community, and played roles in political developments in the Democratic Republic of Congo, Malawi and Mozambique.
In another count, Chungu is accused of disclosing information relating to the use of intelligence passports and travel arrangements by intelligence officers, allegedly explaining how such documents are used when travelling to countries with and without bilateral relations with Zambia.
The State contends that the information was disclosed without written consent from or on behalf of the President and was information to which Chungu had access by virtue of his former position as an intelligence officer.
Magistrate Chabala adjourned the matter to June 12, 2026, for a ruling on the bail application.
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