The Mwata Kazembe’s throne through the Kazembe Lunda Royal Establishment has demanded the immediate and unconditional release of detained former Spy Chief Xavier Chungu.
KAZEMBE LUNDA ROYAL ESTABLISHMENT DEMANDS THE IMMEDIATE RELEASE OF XAVIER FRANKLIN CHUNGU AND RESPECT FOR THE RULE OF LAW
The Kazembe Lunda Royal Establishment has noted with grave concemn the continued
detention of Mr Xavier Franklin Chungu, former Director General of the Zambia Security Intelligence Service, Presidential Candidate of the Liberal Democrats Party in theforthcoming 13 August 2026 General Elections, and a distinguished son of the Luba-Lunda Chiefdom.
Mr Chungu was arrested on 28 May 2026 and has remained in police custody since.
While criminal allegations have been levelled against him under the Penal Code, the State
Security Act, and the Zambia Security Intelligence Act, he remains, under the Constitution and laws of Zambia, innocent until proven guilty by a court of competent jurisdiction.
On 4 June 2026, the High Court duly granted Mr. Chungu bail. Notwithstanding this clear
judicial order, the Zambia Police Service continued to detain him until 5 June 2026. The prolonged completion of bond formalities and the conduct of the police during this period raise serious concerns regarding the efficiency, propriety, and good faith with which the court’s directive was executed.
More concerningly, immediately upon the eventual completion of the bond process and
Mr. Chungu’s release, he was served with two additional charges, re-arrested, and
returned to police custody. As of today, Mr. Chungu has remained in detention at Kabwata
Police Station for ten (10) consecutive days.
This sequence of events creates the
unmistakable impression that the grant of bail by the High Court was effectively frustrated
thereby undermining both the spirit and effect of the court’s order and raising legitimate
questions regarding adherence to the rule of law and respect for judicial authority.
This situation is a serious and unacceptable affront to the rule of law. It is not just about
one individual. It strikes at the heart of constitutional goverance, judicial independence and the credibility of our democratic institutions.
The Constitution of Zambia is the supreme law and binds all persons, State organs, and
institutions. Any act or omission that contravenes it is illegal. The Constitution guarantees every person the right to personal liberty and legal protection. Article 13(3) states that a person arrested or detained on reasonable suspicion must be brought before a courtwithout undue delay or released.
Article 18(2) guarantees the presumption of innocence until proven guilty according to law. These protections are constitutional rights that must be respected and protected at all times.
The continued detention of Mr Chungu despite a valid High Court order raises profound
constitutional concerns. If those enforcing the law disregard court orders, the foundations
of constitutional democracy are in jeopardy. No institution, however powerful, is above
the law.
No citizen should be deprived of liberty in defiance of a court order
The Kazembe Lunda Royal Establishment recalls that the United Party for National
Development (UPND), in its 2021-2026 Manifesto, pledged “to ensure strict adherence to the rule of law and end selective application of the law to restore faith in the country’s critical national institutions of governance..”
This is in addition to “respect court judgments and orders to entrench the rule of law and enhance constitutionalism.”
We further recall President Hakainde Hichilema’s solemn commitment during his inauguration on 24 August 2021 that his administration would “ensure respect for the fundamental human rights and freedoms for all and restore the rule of law.”
These commitments were welcomed by the Zambian people and the international
community. Such pronouncements cannot remain mere words. They must be reflected in
the conduct of State institutions and public officers.
The Government has on numerous occasions proclaimed its commitment to
constitutionalism, human rights, and the rule of law. The present circumstances provide
a clear opportunity to demonstrate the genuineness of these commitments and apply the aforesaid equally to all persons, regardless of political affliation, public profile, or the nature of allegations against them.
The continued detention of Mr Chungu is also particularly troubling in light of Zambia’s
recent launch, in February 2026, of its candidature for membership to the United Nations Human Rights Council for the 2027-2029 Term.
Nations seeking election to the Human
Rights Council undertake to uphold the highest standards in the promotion and protection of human rights. Respect for judicial decisions, due process, personal liberty and the rule of law are among the most fundamental of those standards As a nation, Zambia’s reputation is built not on declarations but on actions.
The international community will judge our commitment to human rights and democratic
governance in the way that we, as a country, faithfully uphold constitutional guarantees
especially when it may be politically inconvenient.
Some of these ‘small’ chiefs do not understand that they are part of the government of the day. In Zambia only Chiti Mukulu, Litunga, Gawa Undi and Mphezeni seem to understand this fact and perhaps it is because of their understanding of governance that they were called Paramount Chiefs. The rest are all partisan and especially Mukuni! The late Bright (was it Lubambe?) was also like that, very partisan. Perhaps before a person ascends to a traditional throne, they should be sent for training ku NIPA or whatever it is called today, like they do with with diplomats.
You do not demand the release of a person who has not been tried in a court of law BEFORE you hear the case against him and evidence adduced. Xavier Chungu has prima facie cases to answer to the Zambian people. He himself said that he left the country illegally. The same offence that Chishimb Kambwili has pleaded guilty to.
His (un)lawful Highness needs to remember that it is ‘The People’ who charge. No one is above the law.