Is the Leaked Chabinga Audio Legally Relevant?

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 EDITORIAL | Is the Leaked Chabinga Audio Legally Relevant?

By now, most people know there is a legal battle in South Africa between the Zambian government and the family of the late President Edgar Lungu. The case centres on whether the body should be buried in Zambia or South Africa. The family insists on keeping it in South Africa. The State wants it home.


But then came the audio.

A recorded conversation allegedly between PF faction leader Robert Chabinga and a woman linked to government circles. It was leaked online. It mentions money, a judge, and fake protests. The implication? That some people were trying to interfere with the court process.



Based on inner sources, the Lungu family, reportedly given the audio by opposition actors, has included it in their submissions to the South African court.



But here is a legal question: is it relevant to the case?

Not really.

Legally, relevance is not about how scandalous something sounds. It’s about whether the evidence directly affects the issue at hand. In this case, that issue is where the body should be buried and who has the legal right to decide.



Unless the audio contains clear instructions from the Zambian State ordering the court to ignore the family’s wishes, it may not help much. Even worse, if the people in the recording are not named parties in the case and if the audio was not lawfully obtained, it could backfire. Courts follow rules. Politics does not.


There is also a technical point: the audio is not from a government official speaking in an official capacity. It is from people acting outside the court process, possibly without any authority. The link to State interference is circumstantial at best.



Still, it does one thing well i.e. the audio raises suspicion. And in a high-stakes case like this, suspicion can shape public opinion even if it does not sway the judge.



But courts don’t rule on vibes. They rule on facts.

The burial of a former Head of State should not be decided by who has the best leaked tape. It should be settled by law, family dignity, and truth.



That is the line. Everything else is just noise.

The People’s Brief | Filed by Editors

6 COMMENTS

  1. In any Court case, interfering with Court Proceedings , to influence the judgement, be it witnesses, the Jury or Judges is Criminal. It can lead to the Arrest of the people involved..In some jurisdictions even talking about a case which is before a court can lead to Contempt of Court..a serious offence.
    And here we are . The alleged Audio is telling us that some useless ‘miscreants’, Mingalatoons, whose modus Operandi is Dishonesty, Deceit, Insincerity, wickedness and pure Evil, want to interfere with Court Proceedings in South Africa…to bribe Judges , to provoke hatred and Protests against the grieving family , so as to influence the judgement of the Court…

    Come on , if there’s one supporting critical evidence I can present in Court, it is this Audio Tape.
    It completely turns upside down the Integrity of the Plaintiffs… Lawyers for the defendants – the Widow, and the Children will point at these attempts at Corrupting the Courts , as evidence of discredited Plaintiffs whose submissions in court do not stand up to the bar..they are dishonest, untrustworthy, Untruthful , and just hopeless ‘ Mafias’.
    For example when documents of them refusing Dr Edgar Chagwa Lungu from traveling for his medicals came into the public domain, they claimed that the documents were fake…AI generated. But when the family presented these in Court, the Attorney General in his submissions accepted that indeed the government Authored the documents… which they had earlier claimed were fake, and AI generated…These people have completely lost it. They will be embarrassed big time if they try to reach 4th August, 2025 , the date set for the public hearings.
    And for the Kakunkubiti, the Thug, he should watch his steps…He will find him self locked up when he sets his foot on South African Soil. What is alleged is a very serious Offence.

      • @ muzambian

        I have read the editorial carefully. I don’t just comment anyhow. I analyze objectively before I put pen to paper.

        The salient points of the editorial are :

        – The Audio is not relevant to the case

        – the courts rule on facts

        – the Audio is not from government .

        Just looking at the frame work of the editorial as reflected in his salient points, I know where he is coming from, where he is , and where he is going.
        And what I have presented answer s him adequately. And any Lawyer out there will look positively at what I have submitted.
        Thank you.

          • @konto
            It’s not a distraction. Attempting to Interfere with witnesses, jury or Judges can never be a distraction in a case.
            What if it was a defendant who is accused of trying to bribe Judges or interfere with witnesses, would that be a distraction, if the Plaintiff
            brought this to the attention of the Court?

  2. Unless someone is new to Zambia, the so called leak smarks of the entire PF & combined opposition propaganda! And the think this will lead them into government. It just shows the type of leadership that ruled Zambia under ECL. All corrupt, unethical looters, liers without integrity and the entire opposition shouldn’t be anywhere close to politics. There only agenda come rain come sunshine is to muzzle their way into government, and for every single to loot and steal at any single opportunity. They are salivating at seeing how HH has managed to stabilised the nation in 4 years. Neither of these guys trusts the next guy, and there competition is fierce no one is willing to give being president. They won’t manage to find a leader.

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