Release Xavier, Mwata Kazembe demands
By Thandizo Banda
THE Kazembe Royal Establishment (KRF) has demanded the immediate release of former Zambia Security Intelligence Service (ZSIS) director general Xavier Chungu who has been in police detention for over 10 days.
KRF speaks on behalf of Senior Chief Mwata Kazembe of the Lunda people of Luapula Province.
It warned that Chungu’s prolonged detention without trial posed a serious threat to constitutional rule and public confidence in Zambia’s justice system.
In a statement issued in Lusaka yesterday, the establishment said detention that extended beyond what was reasonable ceased to be a safeguard and became punishment before trial.
Chungu, the Liberal Democrats Party (LDP) presidential candidate in the August elections, was arrested on May 28 and has remained in police custody at Kabwata Police Station since.
He is facing criminal allegations under the Penal Code, the State Security Act and the Zambia Security Intelligence Act.
KRF noted “with sadness” that while allegations had been made, Chungu remained innocent until proven guilty by a court of competent jurisdiction, as guaranteed under Article 18(2) of the Constitution of Zambia.
On Thursday, the High Court granted Chungu bail but he was later rearrested after meeting the bail conditions.
The establishment expressed concern that the Zambia Police Service continued to detain him.
“More concerningly, immediately upon completion of the bond [bail] process and Mr Chungu’s release, he was served with two additional charges, re-arrested and returned to police custody. This sequence of events creates the unmistakable impression that the grant of bail by the High Court was effectively frustrated,” the statement said.
KRF cited Article 13(3) of the Constitution, which requires that a person arrested or detained on reasonable suspicion must be brought before a court without undue delay or released.
“No institution, however powerful, is above the law. No citizen should be deprived of liberty in defiance of a court order,” it said.
It recalled the UPND’s 2021–2026 Manifesto pledge to ensure strict adherence to the rule of law and end the selective application of the law.
It also cited President Hakainde Hichilema’s 2021 inauguration commitment to “ensure respect for fundamental human rights and restore the rule of law”.
“These commitments were welcomed by the Zambian people and the international community. Such pronouncements cannot remain mere words. They must be reflected in the conduct of state institutions,” KRF said.
It urged government, the Zambia Police Service and relevant authorities to apply ethical and lawful provisions of the Constitution, even where bail and bond procedures were applicable.
“If the state has evidence against Chungu, it should present it before the courts in accordance with the law. The immediate and unconditional release of Xavier Franklin Chungu pursuant to applicable legal provisions is not a matter of discretion. It is a matter of law,” it said.
Chungu has been detained in connection with the interviews he granted to the media as a presidential candidate during which he said with confidence that the UPND will lose the august 13 presidential and general elections.
