LUSAKA – Lusaka Archbishop Dr Alick Banda has pleaded not guilty to a charge of possessing property reasonably believed to have been unlawfully obtained and has been granted K80,000 bail following his arrest by the Drug Enforcement Commission (DEC). Banda, 62, appeared before the Lusaka Magistrates’ Court on Monday after the DEC formally charged and […]

LUSAKA – Lusaka Archbishop Dr Alick Banda has pleaded not guilty to a charge of possessing property reasonably believed to have been unlawfully obtained and has been granted K80,000 bail following his arrest by the Drug Enforcement Commission (DEC).

Banda, 62, appeared before the Lusaka Magistrates’ Court on Monday after the DEC formally charged and arrested him in connection with a Toyota Hilux which investigators allege was unlawfully obtained from the Zambia Revenue Authority (ZRA).

The Archbishop was granted bail in his own recognisance of K80,000 and ordered to provide three sureties, each bonded at K50,000.

The sureties are required to be residents of Lusaka and employed by reputable organisations.

The court also ordered Archbishop Banda to surrender all his travel documents.

His appearance before the court followed a morning of prayer and solidarity at the Cathedral of the Child Jesus, where Catholics gathered before he proceeded to the DEC.

A morning of prayer before the arrest

The Archdiocese of Lusaka had called Catholics to a solidarity Mass at 08:00 on Monday, ahead of Banda’s scheduled 10:00 appearance before the DEC.

The Mass followed a statement issued by the Archdiocese on September 25 expressing solidarity with the Archbishop and calling on Catholics to remain peaceful, united in prayer and steadfast in faith as he responded to the renewed summons.

The Archdiocese had specifically asked Catholics to pray for Banda’s safety, strength, wisdom and well-being and for truth, justice and peace throughout the process.

The Zambia Conference of Catholic Bishops also issued a statement of solidarity on Monday, saying Banda was entitled to fairness, dignity and due process and calling for the process to be handled without prejudice or intimidation.

The gathering was particularly significant because of what happened the last time Banda appeared before the DEC in January.

On January 5, Catholics gathered at the same cathedral for a solidarity prayer meeting before the Archbishop walked towards the DEC headquarters accompanied by a large group of faithful and political figures.

Police had formed a cordon and restricted access to the DEC premises, allowing only representatives of the Church and Banda’s lawyers to proceed.

That January appearance resulted in the DEC recording a Warn and Caution Statement from Banda. The Commission said at the time that when given an opportunity to explain how he came into possession of the vehicle, he chose to remain silent.

DEC formally charges and arrests Banda

After reporting to the DEC on Monday, the Archbishop was formally charged and arrested.

The charge is Possession of Property reasonably believed to have been unlawfully obtained, contrary to Section 319 of the Penal Code, Chapter 87 of the Laws of Zambia.

The particulars allege that, on dates unknown but between April 22, 2021 and December 27, 2023, Banda had in his possession a blue Toyota Hilux bearing registration number ALF 7734, which was reasonably suspected to have been unlawfully obtained from ZRA.

The DEC has said the vehicle forms part of a wider investigation involving approximately 22 ZRA motor vehicles alleged to have been improperly disposed of. The broader investigation has already resulted in convictions of other individuals.

The Commission has not, however, established Banda’s guilt by charging him. That will be determined through the court process.

Banda denies the charge

When the charge was read to him before the Lusaka Magistrates’ Court, Banda pleaded not guilty.

His plea means the prosecution will have to establish its case against him in court, while the Archbishop will have the opportunity to challenge the allegations through his legal team.

The case therefore moves from the investigative stage into the judicial process.

Court grants K80,000 bail

The court subsequently granted Banda K80,000 bail in his own recognisance.

He must also provide three sureties, each bonded at K50,000.

The court stipulated that the sureties must be Lusaka residents and employed by reputable organisations.

In addition, Banda has been ordered to surrender all travel documents.

The bail conditions mean the Archbishop will remain subject to the court’s jurisdiction while the case proceeds.

What is Section 319 about?

The charge arises from Section 319 of the Penal Code, which concerns possession of property reasonably suspected to have been stolen or unlawfully obtained and the circumstances in which the person in possession is unable to give an account to the satisfaction of the court of how the property came into their possession.

The section is therefore focused on the circumstances surrounding possession of the property.

In this case, the prosecution’s allegation concerns the Toyota Hilux and the circumstances under which it came into Banda’s possession.

The court will ultimately have to determine whether the prosecution proves the offence.

Why the case goes back to January

The current court proceedings are not the beginning of the vehicle investigation.

The DEC first publicly linked Banda to the Hilux in January.

On January 5, the Commission warned and cautioned him over the vehicle after he appeared at its offices. At the time, DEC said investigations were continuing and that the public would be informed of the outcome at an appropriate time.

The renewed summons issued in September specifically followed that Warn and Caution Statement.

DEC and Police confirmed on Sunday that the investigation remained focused on the alleged possession of the vehicle and warned members of the public against unlawful assemblies or processions surrounding Banda’s appearance.

Police said only Banda’s legal representative and other persons appropriately connected with the matter would be allowed to accompany him when he appeared before law enforcement.

From Mass to court

The events of Monday therefore followed a sequence that began at the Cathedral of the Child Jesus.

Catholics gathered in prayer before Banda proceeded to the DEC.

The Church had urged its members to remain peaceful and to allow the Archbishop to respond to the summons in accordance with the law.

Instead of ending with questioning at the DEC, however, the process resulted in a formal charge and arrest, followed by Banda’s appearance before the Magistrates’ Court.

He has now entered a plea of not guilty and been released on bail subject to conditions imposed by the court.

The case will now be determined through the judicial process.

For Archbishop Banda, the issue that began with a Toyota Hilux investigation in 2025 and a Warn and Caution Statement in January has now become a criminal case before the courts.

For the Catholic Church, Monday’s events began with a call for prayer, calm and solidarity and ended with its Archbishop facing a formal criminal charge.

The next stage will be the court process, where the prosecution’s allegations concerning the vehicle will be tested against the evidence.

SEO