MUKOBEKO PRISON TIGHTENS VISITOR ACCESS TO DETAINED OPPOSITION LEADERS
KABWE — Visitors seeking to see detained opposition leaders Brian Mundubile, Makebi Zulu and 16 others at Mukobeko Maximum Security Correctional Facility in Kabwe are now required to obtain written clearance from Zambia Correctional Service (ZCS) headquarters in Lusaka.
The new requirement has sparked concern among relatives, supporters and lawyers of the detainees, who face treason and sedition charges.
The restriction affected a delegation led by former Local Government Minister Dr Charles Banda, who arrived at the facility with former minister Moses Mawere.
Dr Banda said he was stopped after presenting his identification and was informed that he needed written authorisation from ZCS headquarters before he could visit the detained opposition figures.
“After presenting my ID, they asked if I had gotten written permission from HQ. I was shocked,” Dr Banda said.
He said he was referred to an assistant superintendent, who confirmed that new instructions had been issued requiring anyone intending to visit the detainees facing treason and sedition charges to first obtain clearance from Lusaka.
The former Kapoche Member of Parliament said the requirement was new, noting that he had recently visited Mr Mundubile and Mr Zulu without being asked to obtain permission from ZCS headquarters.
Dr Banda said several people, mostly women who had travelled long distances, were also turned away at the prison gate.
He said tensions rose as the visitors protested the decision, forcing him to intervene and calm the situation.
“I’m very hurt. It was embarrassing in front of many people at the prison gate,” he said.
“The law allows senior citizens to visit inmates to check how they are coping, encourage and pray with them. I shouldn’t be treated like this in my own country.”
Dr Banda also criticised the charges facing the opposition leaders and called for greater political tolerance.
Meanwhile, lawyer Sakwiba Sikota, who represents some of the detainees, described the new restriction as discriminatory and unconstitutional.
Mr Sikota said other inmates at Mukobeko were allowed to receive visitors without similar conditions.
“This is terribly unfair. All other inmates are visited without restrictions. The Constitution allows all inmates to be visited by relatives and friends without any form of discrimination,” he said.
He linked the development to concerns previously raised by the European Union over the detention of opposition figures, arguing that the new requirement would create additional difficulties for families and supporters travelling from other provinces.
“These are concerns raised by the EU in its resolutions, but instead of addressing them they are coming up with more draconian issues,” Mr Sikota said.
He questioned the practicality of requiring people travelling from provinces such as Luapula to first travel to Lusaka to obtain clearance before returning to Kabwe.
“So, if someone is coming from Luapula, they must bypass Kabwe, come to Lusaka, book a hotel whilst waiting for permission and then travel back to Kabwe. It is absolutely ridiculous,” he said.
Mr Sikota further accused the State of delaying court proceedings while investigations continued, saying the Director of Public Prosecutions had indicated that investigations were still underway.
“This is wrong and is why the EU and international law bodies have raised the flag,” he said.
He urged the authorities to reconsider the restriction and allow the legal process to proceed without unnecessary obstacles.
ZCS head of public relations Cornelius Mwanza said the service would comment on the matter after a meeting.
ZULU’S ROLE AS DEFENCE LAWYER CHALLENGED
Meanwhile, Mr Zulu’s detention has also become an issue in a separate court proceeding, where the question is whether he can continue representing a client while in custody.
Mr Zulu is representing Chisanga Chanda, a former aide-de-camp to late President Edgar Lungu, in a case in which the defence has asked the court to allow him to continue appearing for his client and cross-examining prosecution witnesses.
The defence argues that Mr Zulu’s detention does not automatically terminate his professional obligations as counsel.
The application was made in chambers after the trial failed to proceed because State witness Maxwell Timba, the Commissioner of Police in charge of the Criminal Investigations Department, was unavailable.
State advocate Frank Sikazwe subsequently applied for an adjournment.
Defence lawyer Charles Changano asked Judge Ruth Chibbabbuka to direct the State to allow Mr Zulu to continue appearing for Mr Chanda and cross-examine the witness in the matter.
Mr Changano argued that Mr Zulu remained a practising lawyer and that his detention did not, by itself, strip him of his professional responsibilities.
He also pointed out that Mr Zulu, who was Mr Mundubile’s running mate in the August election, remained innocent until proven guilty.
The defence relied on the Supreme Court decision in Shamwana and 7 Others v The People (1985), arguing that the judgment demonstrated that an accused person could participate in proceedings and cross-examine prosecution witnesses.
According to the defence, the case supported the argument that criminal proceedings did not necessarily prevent an advocate from carrying out professional duties.
The State opposed the application, arguing that the Shamwana case was distinguishable because Mr Shamwana was an accused person in the same proceedings in which he participated, unlike Mr Zulu in the Chanda case.
Judge Chibbabbuka reserved her ruling on the application until October.
The main case has since been adjourned to November 23 for the trial to resume.-Scoop