EMMANUEL ‘JAY JAY’ BANDA:
THE INHUMANE DETENTION AND PROCEDURAL VIOLATIONS AGAINST HIM
As President of the Socialist Party (SP), I issue this definitive and solemn statement regarding the state’s deeply concerning treatment of former Petauke Central MP Emmanuel “Jay Jay” Banda.
I have deliberately taken time to comment on this developing situation because I refuse to speak on issues, processes, or legal procedures that were not fully understood or clear. In matters as grave as state power and personal liberty, leadership demands objective verification rather than hasty, emotional reactions. Now that the structural realities of this case have become undeniably transparent, the Socialist Party can no longer remain silent.
The ongoing treatment of Emmanuel has crossed the line from standard law enforcement into a barbaric, politically motivated assault on human dignity and the rule of law. I am not here to stand as a judge of what Emmanuel has or has not done. Every individual facing criminal allegations must face the justice system. However, the system currently being deployed against him is not justice—it is a weaponised instrument of state persecution. Even those accused of the most severe crimes in a civilised society are guaranteed basic human rights and standard legal protections.
The realities of Emmanuel’s recent apprehension and subsequent custody reveal a profound and alarming disregard for constitutional safeguards:
• Incommunicado Detention and Access Denied: Following his transfer, the state has actively isolated Emmanuel from the external world. By blocking his family and legal counsel from establishing direct, confidential contact with him, the authorities are violating foundational constitutional rights. This forced isolation has already compelled his family to file an emergency habeas corpus application in the Lusaka High Court simply to force the state to acknowledge his legal status and whereabouts.
• The Maina Soko Military Hospital Deployment: The state’s decision to move Emmanuel to Maina Soko Military Hospital under the guise of “safety and protection” raises immense suspicion. While a medical evaluation by independent, qualified professionals is standard, using a restricted military medical facility effectively creates a wall of secrecy around his physical and psychological state. If he is a standard suspect in police custody, he belongs within the open frameworks of civilian justice, accessible to his chosen representation—not locked away behind military barriers where his legal team and next of kin are systematically turned away.
• Violation of Statutory Pre-Charge Timelines: Holding a citizen for extended periods without formal charges or bringing them promptly before a competent court is a direct violation of both the Zambian Constitution and international human rights benchmarks. This overreach by the executive branch and police service undermines the integrity of our entire judiciary.
We can lose Emmanuel. The physical and mental strain of being pushed to the absolute limits of human endurance under these secretive conditions places his well-being in extreme jeopardy.
The Socialist Party demands an immediate end to these administrative abuses. The UPND government must stop exploiting the police service and criminal justice system to punish political opponents. We call on the authorities to immediately grant his lawyers and family unrestricted, unmonitored access to him, clarify the lawful basis of his detention before a court of law, and guarantee a transparent, independent medical assessment.
If the state believes it has a valid criminal case against Emmanuel, it must present that case openly in a court of law rather than hiding behind arbitrary detention and military hospital walls. The standard of justice we tolerate for the most controversial figures today is the exact standard that will be used to suppress ordinary citizens tomorrow.
Fred M’membe
SP President