THE FACT IS THAT, THERE IS A PRIMA FACIE CASE HERE WHICH IS WHY I WAS PLEADING WITH BRIAN MUNDUBILE TO BE MORE WIDER
==================
In case you didn’t know, it is a crime under Zambian law to engage in certain forms of unauthorised military training or drilling. And taking such activities outside Zambia does not automatically put them beyond the reach of Zambian law.
For those who may be skeptical, the best advice is simple: read the law before you talk too much.
The important question, therefore, is not merely where the training takes place, but who authorised it (read that twice); what kind of training was involved, who was being trained, and for what purpose?
Under Zambian law, training a militia or armed group outside the country without the knowledge and approval of the State is not allowed.
For avoidance of doubt, here is what the law says:
1. Constitution of Zambia — Articles 192–193
The Zambia Defence Force, Zambia Police Service and other security organs are the institutions mandated to provide for national security.
Private militias are not recognised as part of Zambia’s lawful security structure.
2. Penal Code Act, Cap 87
Several provisions may be relevant:
Section 45 — Treason and Related Offences
Conduct involving assistance to an enemy or attempts to undermine State authority may potentially constitute serious offences, depending on the circumstances.
Section 57 — Unlawful Drilling
It is an offence for a person, without lawful authority, to train or drill with arms or to attend a place for the purpose of receiving such training.
Section 60 — Recruiting for Armed Service
Recruiting people to serve in an armed force without lawful government authority may constitute an offence.
3. National Security Act, Cap 111
The Act addresses activities that may threaten State and national security.
Activities involving an armed or militia-type organisation operating outside State control may therefore raise serious national-security concerns.
4. Anti-Terrorism Act, No. 14 of 2007
Where training or organisation is connected to terrorism, violent activity or violent extremism, anti-terrorism legislation may also become relevant.
Such offences can attract serious criminal penalties.
Three Important Points to Understand
1. “Without the knowledge of the State”
The central issue is lawful authority. Armed or security-related training cannot simply be organised privately where the law requires State authorisation.
2. “But the training happened outside Zambia”
Leaving Zambia does not automatically make otherwise unlawful conduct legal.
Depending on the particular offence and the applicable jurisdictional provisions, conduct committed abroad may still have legal consequences in Zambia.
3. What are the possible penalties?
Bwana here it gets hot
You can be charged for Teason or other serious national-security related charges which are non-bailable.
And this law was not brought by Hakainde Hichilema, it has been there.
So… even as you are talking too much, be mindful of the gravity of the potential charges otherwise you might be dragged into it.
Ukwali insoke, takwafwile muntu, forewarned is forearmed.
TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS!!!
TAYALI THE POLITICAL ENGINEER!!!
