🇿🇲 EDITOR’S NOTE | When the State Fails to Account, Justice Loses Credibility
The capture of former Petauke Central Member of Parliament Emmanuel Jay Jay Banda in Mozambique on 14 October 2026 attracted considerable public attention. We must be clear that the allegations against him are serious. Calls for an insurrection against a democratically elected government cannot simply be dismissed as ordinary political criticism. However, even the gravest allegations do not extinguish an accused person’s constitutional rights.
Nearly a month after his capture, Banda has not been produced before a court. His family says it has been denied access to him. On Wednesday, 11 November, the Lusaka High Court ordered his production in habeas corpus proceedings, but the State failed to comply, explaining that medical personnel had advised against moving him. Justice Geoffrey Mulenga subsequently directed the Attorney General to provide a medical report establishing his condition.
This raises a fundamental question of constitutional accountability. If Banda is receiving medical treatment at a military facility, why has the State not provided sufficient independent assurance about his welfare? Habeas corpus is not a political favour granted to an accused person. It is a judicial safeguard against unlawful detention and arbitrary executive power.
Already, disturbing allegations about Banda’s health, including claims of severe injuries and even death, are circulating. We have no verified evidence supporting these claims and will not present speculation as fact. Nevertheless, when authorities fail to provide timely, credible information, they create conditions in which rumours flourish and public confidence deteriorates.
A similar crisis of perception is emerging in the treason proceedings involving opposition leader Brian Mundubile, lawyer Makebi Zulu and 16 others. The State has repeatedly raised preliminary objections in their constitutional bail application, including a fresh challenge to video evidence on Wednesday, after an earlier objection was dismissed. The prosecution is entitled to contest legal issues, but procedural rights must not become instruments of indefinite delay.
What should concern every Zambian, regardless of political affiliation, is the growing perception that the criminal justice system is being used to demonstrate State power rather than administer impartial justice. Increasingly, serious official allegations are met with public ridicule and disbelief. That erosion of confidence is dangerous because legitimate law enforcement depends not only on authority but also on public trust.
The Government must understand that justice must not only be done; it must be seen to be done. Banda’s whereabouts, medical condition and legal status must be independently established through the courts. Equally, the opposition detainees deserve proceedings conducted without unnecessary delay. None of this requires the State to abandon prosecution or compromise national security.
A democratic government demonstrates its strength not by how firmly it holds its opponents, but by how faithfully it respects the law when dealing with them. The rule of law is tested most severely when the accused is unpopular, politically inconvenient or suspected of a grave offence.
The People’s Brief | Editor-in-Chief
12 November 2026