HABEAS CORPUS IS NOT FOR EMMANUEL BANDA ALONE – IT IS FOR EVERY ZAMBIAN
By Dr Cosmas Musumali, General Secretary, Socialist Party
Lusaka, 13 November 2026
We have noted with concern the unfolding case of former Petauke Central Member of Parliament, Mr Emmanuel Banda, and the visit by the Lusaka High Court to Maina Soko Medical Centre to assess his medical condition.
Let us be clear from the start: we do not defend any person who escapes lawful custody. If Mr Banda escaped from a hospital in Eastern Province in 2024 while facing criminal charges, he must answer to the law. No one is above the law, including former Members of Parliament.
However, we defend, without apology, the constitutional principle of habeas corpus.
Habeas corpus means the State cannot hold a person in secret. The State must produce the detainee before a court of law, allow access to family and legal counsel, and explain the legal basis for the detention. This is not a favour to Mr Banda. It is a fundamental protection for every Zambian citizen, including those who today support the government.
The State has placed itself in an untenable position, as evidenced by recent events. For the average Zambian, this serves as a chilling awakening to how deeply the State is sinking into lawlessness
Three facts deeply concern us:
1. The Mozambique handover requires explanation.
Mr Banda was apprehended in Mozambique on 14 October 2026. Zambians have a right to know whether there was a formal extradition or deportation process, what documentation authorises his transfer, and how he sustained the severe injuries he currently bears.
2. Family access was denied.
Following his apprehension, Mr Banda’s mother, Mrs Grace Nampokolwe Banda, had to file an application for habeas corpus on 30 October 2026 because the family had been denied access to him. In a mature democracy, a mother should not have to petition the High Court merely to see her injured son.
3. His medical condition is serious.
The medical report presented to the court indicates a Schatzker VI left tibial plateau fracture – severe fractures to the left tibia and fibula with damage to the joint surface. He underwent major surgery on 24 October 2026 involving open reduction and internal fixation with a locking plate and screws. He remains hospitalised and medically incapacitated. A person in this condition cannot be paraded, tried, or interrogated as if he were fit; he requires medical care first.
These are not partisan or opposition questions. They are rule-of-law questions.
Our position as the Socialist Party:
We call on the State to:
1. Present all documentation relating to his apprehension in Mozambique and his subsequent detention in Zambia before the High Court.
2. Immediately grant family and legal counsel access to Mr Banda at Maina Soko Medical Centre, as required by law.
3. Permit an independent medical examination should the family request one.
4. Respect the ruling of the High Court on the habeas corpus application, whatever the outcome.
We also call on the Judiciary to remain firm and impartial. If the detention is unlawful, Mr Banda should be released on appropriate conditions. If the detention is lawful, the Court should state so clearly while ensuring he receives full medical care until he is fit to stand trial.
This case is not about Emmanuel Banda. It is about whether Zambia remains a country governed by the rule of law, or one where the State can detain a citizen incommunicado, deny a mother access to her son, and offer explanations only when a Judge physically visits a hospital.
As we have stated before, we will be the first to commend the government when it upholds the law. Respecting habeas corpus in this matter would be such a moment.
Issued by:
Dr Cosmas Musumali
General Secretary, Socialist Party