Former Constitutional Court judge Anne Mwewa Sitali released on bail after arrest over election petition advice

Former Constitutional Court judge released on bail after arrest over election petition advice:

Former Constitutional Court judge Anne Mwewa Sitali has been released on bail after being arrested and detained at Richard Kachingwe Police Post over allegations that she intended to commit a felony in connection with legal advice she provided on an election petition challenging the 2026 presidential election results.

Justice Sitali was picked up on Wednesday night and held in police custody. While detained, she also applied for a writ of habeas corpus seeking judicial intervention over her detention.

Her arrest has drawn attention because of her own history with the Constitutional Court, which she previously served on as a judge.

On October 20, 2024, President Hakainde Hichilema removed Justice Sitali from the Constitutional Court alongside fellow judges Mungeni Mulenga and Palan Mulonda. Critics at the time described the removals as political manoeuvring ahead of the elections.

Nearly two years later, the same court has become central to a legal dispute involving Justice Sitali’s detention.

The case is linked to the presidential election petition filed by Brian Mundubile, leader of the Tonse-Pamodzi Alliance, against President Hichilema.

Supporters of the alliance maintain that Mr Mundubile won the August 13, 2026 presidential election, citing parallel vote tabulations which they say support their claim. The Government and the Electoral Commission of Zambia, however, dispute the allegation. President Hichilema was declared the winner with 60 per cent of the vote, against Mr Mundubile’s 38 per cent.

Justice Sitali became involved in the dispute through legal advice she allegedly provided to lawyers preparing Mr Mundubile’s petition challenging the election outcome.

Opposition lawyers argue that the criminal case against her arises from her professional work as a legal adviser and that she was assisting attorneys preparing the petition.

Her involvement has placed a former Constitutional Court judge on the opposite side of a legal battle involving the same court from which she was removed and an opposition leader who is facing treason charges linked to the disputed election.

Justice Sitali’s arrest also comes amid a wider wave of post-election arrests.

Opposition sources and human rights monitors have put the number of people arrested since the August 13 election at more than 300, although the Government has not confirmed that figure.

Among those still in detention are Tonse-Pamodzi Alliance secretary-general Celestine Mambula Mukandila, who was arrested on August 20, as well as youths Yona Longwe and Mwape.

Detainees are being held at several police facilities in Lusaka, including Chelstone, Kabwata, Lusaka Central and Richard Kachingwe police stations and posts.

The Human Rights Commission has confirmed a lower figure, saying at least 84 people remain under its active monitoring in connection with the election.

HRC chairperson Dr Pamela Towela Sambo said the commission had identified cases in which detainees had allegedly been held beyond legal limits without being formally charged or appearing before a court within the required period.

Dr Sambo said such detention was contrary to Articles 13 and 18 of the Constitution, which provide protections relating to personal liberty and fair trial rights.

“The commission is monitoring several cases,” Dr Sambo said, citing instances in which individuals had allegedly been detained for 19 days or more without being formally charged.

She called on the police and prosecutors to “immediately charge, grant bond to, or release” individuals whose continued detention could not be legally justified.

Acting Attorney-General Marshall Muchende, however, has rejected claims that the arrests amount to political persecution.

“Zambia has no prisoners of conscience or political prisoners,” he said this week, maintaining that those in custody are facing serious criminal allegations.

Authorities have accused some opposition figures of plotting an armed insurgency, allegations which the accused have denied.

Civil society organisations and opposition leaders have maintained that the arrests are intended to frustrate efforts to challenge the election results in court.

They have also alleged that access to the courts was restricted on the final day for filing election petitions, preventing a wider legal challenge to the outcome.

Mr Mundubile, who finished second in the presidential election with 38 per cent of the vote, was himself arrested on treason charges after reportedly seeking refuge at a United Nations facility.

The Human Rights Commission says it will continue monitoring detention facilities and engaging with prosecutors to ensure that the constitutional rights of detainees are respected.

“Release all those whose continued detention exposes the risk of ill-treatment, restricts access to legal representation and undermines public confidence,” Dr Sambo said.

For Justice Sitali, her release on bail ends her immediate detention.

But the broader issues surrounding her arrest remain unresolved: a disputed presidential election, a contested legal challenge and the extraordinary situation of a former Constitutional Court judge becoming the subject of a criminal case over legal advice connected to that very challenge.

-Daily Scoop Magazine