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Former Zambia Security Intelligence Service (ZSIS) Director General, Xavier Chungu’s second attempt to secure temporary freedom has failed after the Lusaka High Court dismissed his renewed application for bail pending trial.
Chungu, Liberal Democratic Party (LDP) presidential candidate, returned to the High Court seeking temporary release after a subordinate court earlier denied him bail following the Director of Public Prosecutions’ (DPP) issuance of a Certificate of Denial of Bail, citing concerns that his release could prejudice the safety and interests of the Republic.
In a ruling, High Court Judge Kelvin Limbani held that the matter before him was a renewed application for bail pending trial and not an appeal against the subordinate court’s earlier decision.
Justice Limbani ruled that the issuance of the DPP’s Certificate of Denial of Bail deprived the court of the discretion to grant bail, even though the offences with which Chungu is charged are ordinarily bailable.
“Therefore, the mandatory dictates of Section 123(4) of the Criminal Procedure Code, which divests this court of the power to grant an accused person bail where the learned DPP issues a Certificate of Denial of Bail, invariably kick in,” Justice Limbani said.
The judge further held that arguments suggesting the certificate had been issued prematurely, or before the matter was properly before the court, were misplaced because Chungu had filed a fresh application before the High Court, which had the requisite jurisdiction.
Justice Limbani said the court could not inquire into the reasons behind the DPP’s decision, as the law only requires the DPP to certify that the release of an accused person could prejudice the safety or interests of the Republic.
“I unreservedly adopt the reasoning of the court in the Sedrick Kapasa Kasanda case cited by counsel for the respondent when it opined that the DPP is not obliged to evidentially demonstrate the nature of the safety or interest of the public that he seeks to protect,” he said.
“Therefore, it is not within the province of this court to question the reasons for the issuance of the certificate by the DPP,” he said.
Chungu had argued that the offences he faces are bailable and that the DPP’s Certificate of Denial of Bail had no legal effect because the High Court had previously granted him bail in relation to the charges.
His lawyers submitted that he has a fixed place of abode, is willing to comply with any bail conditions and is not a flight risk.
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They further argued that, as a presidential candidate in the forthcoming general election, his physical presence was necessary to enable him to conduct campaign activities.
However, the State opposed the application, arguing that after the High Court granted Chungu bail on June 4, 2026, he was subsequently re-arrested and appeared before the subordinate court, where the DPP’s Certificate of Denial of Bail was presented.
In an affidavit filed in opposition, Deputy Chief State Advocate Mercy Pondamali submitted that the certificate related to a subsequent charge under Section 4(4) of the State Security Act, Chapter 111 of the Laws of Zambia.
Justice Limbani concluded that, in light of the DPP’s Certificate of Denial of Bail, the court lacked jurisdiction to entertain Chungu’s application.
Chungu is facing charges of communicating classified information, engaging in seditious practices and unlawfully publishing or disclosing information to unauthorised persons.
The charges arise from remarks he allegedly made during an interview on That Zed Podcast on May 24, 2026, in which he discussed intelligence operations, intelligence passports and regional political matters.
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