By Lovemore LubindaBy Lovemore Lubinda
Former Attorney General of Zambia Musa Mwenye, S.C has raised the alarm over what he describes as a dangerous slide in democratic standards in Zambia, saying the country now has political detainees being held outside the law.
Writing on his social media handle ahead of Zambia’s August 13 General Elections, Mwenye said he never imagined he would use the words “political detainee” and “extra judicial detention” in the same sentence when talking about Zambia.
“When people are held in detention beyond the reach of the courts, contrary to the law and due process, they are being held ‘extra judicially’,” Mwenye wrote.
“Further, when people are detained for their political activities and mobilisation, they are ‘political detainees’. Do we have political detainees who are being held extra judicially in Zambia today? Sadly, the answer is yes.”
Mwenye’s remarks are striking because Zambia has long been cited in the region as a model of peaceful transitions and respect for the rule of law.
Mwenye said that reputation is now at risk.
“I never thought I would ever utter the words, ‘political detainee’ and ‘extra judicial detention’ in one sentence with regards to democratic Zambia, whose democratic credentials have been a beacon of good governance and the rule of law in Africa and beyond,” he said.
The senior lawyer recalled how Zambia previously handled politically linked arrests.
“In the past, when persons were detained for their political activities, the accused persons were subjected to due process in courts of law. We are now witnessing detentions without even the pretension of any court process, whatsoever,” he said.
Mwenye said this undermines Zambia’s standing and sets a bad example in Southern Africa, where Malawi, Zambia and others share democratic values through SADC.
“This is not who we are, and it is certainly not what we should be known for. Zambia’s well earned name in observance of human rights and our democratic credentials are in serious jeopardy,” he said.
He has appealed directly to the Zambian Government to act.
“I appeal to the Government to release all political detainees who are being held extra judicially or to present them before courts of law for the due process of the law to take its course,” Mwenye said.
The timing matters for the region.
Zambia goes to the polls on Thursday, and civil society groups in Zambia have been warning that the treatment of opposition figures and activists can influence public trust in elections.
Legal experts in the region note that detaining people without taking them to court violates constitutional guarantees of personal liberty that exist in the Zambian constitution.
The country’s Constitution also protects the right to liberty and a fair trial.
Church and human rights groups in Zambia have echoed Mwenye’s concerns in recent weeks, calling for transparency on who is being held and why. They say elections cannot be credible if citizens fear arrest for political activity.
Political analysts say Mwenye’s voice carries weight because he served as Attorney General and understands the legal obligations of the state. When a former chief legal advisor warns that the law is being bypassed, it signals a problem that goes beyond party politics.
Renowned Zimbabwean political analyst, Elder Mabhunu says Mwenye is a former chief legal advisor to government and when he warns that the law is being bypassed, it points to a serious problem that goes beyond party politics.”
Across the border, observers in Lilongwe and Blantyre are following the story closely. Malawi and Zambia share trade, family ties and a history of supporting each other’s democratic journeys. What happens to the rule of law in Lusaka is therefore of direct interest in Malawi.
As Zambia counts down to voting day, Mwenye’s message is that institutions must be allowed to work.
“If we allow extra judicial detentions to become normal, we will be telling the world and ourselves that the law no longer matters. That is a road we must not take,” he said.
With campaigns closing this week, the call from the former Attorney General adds to growing regional pressure on Zambia to ensure that the elections are free, fair and conducted within the law.
National Reconciliation Party for Unity and Prosperity presidential candidate Brian Mundubile has condemned what he describes as the ongoing arrests and detentions of political actors, media personnel and content creators in the run-up to Thursday.
Posting on his social media handles, Mundubile has since challenged the Zambia Police Service to remain professional and impartial in handling such cases.
He has further called on his supporters to remain peaceful, avoid provocation and violence, and exercise their right to vote peacefully on election day.
He was reacting to a video footage that shows an alleged abduction of Ambassador Martha Lungu and Journalist Hannah Katontoka recently.
“Fellow Citizens,
“Amb. Martha Lungu and a member of our media team Hannah Katontotoka were abducted yesterday in the streets of Lusaka by heavily armed men.
“This is completely unacceptable in a democratic country.
“Zambia belongs to all of us. We cannot normalise abductions, intimidation and the use of armed men against citizens.
“Enough is enough. Zambia must be a country where every citizen is safe and free,” he said
Leave a Reply