LUSAKA – The Drug Enforcement Commission (DEC) and Zambia Police have warned members of the public against organising an unlawful assembly or procession as Lusaka Archbishop Dr Alick Banda prepares to appear before investigators on Monday. The warning comes as Catholic faithful prepare to hold a solidarity Mass for Archbishop Banda before he reports to […]

LUSAKA – The Drug Enforcement Commission (DEC) and Zambia Police have warned members of the public against organising an unlawful assembly or procession as Lusaka Archbishop Dr Alick Banda prepares to appear before investigators on Monday.

The warning comes as Catholic faithful prepare to hold a solidarity Mass for Archbishop Banda before he reports to the DEC, following a renewed summons linked to investigations involving a Toyota Hilux motor vehicle allegedly obtained from the Zambia Revenue Authority (ZRA).

In a joint statement issued on Sunday, DEC and Police confirmed that Archbishop Banda has been summoned to appear before the Commission on Monday, September 28, in connection with ongoing investigations under Section 319 of the Penal Code.

The authorities said the matter arises from a Warn and Caution Statement recorded from Archbishop Banda on January 5, 2026.

According to the investigators, the allegation concerns a blue Toyota Hilux, registration number ALF 7734, which they say was property reasonably suspected to have been unlawfully obtained from ZRA between April 22, 2021 and December 27, 2023.

The vehicle forms part of a wider investigation involving approximately 22 ZRA motor vehicles allegedly improperly disposed of, according to DEC and Police. The authorities said the broader investigation has previously resulted in convictions of other individuals.

Why Catholics have been warned against a procession

The warning has echoes of what happened in January when Archbishop Banda first appeared before the DEC.

On January 5, Catholics gathered for a solidarity prayer meeting at the Cathedral of the Child Jesus before accompanying the Archbishop towards the DEC offices.

Police formed a cordon and restricted the number of people who could proceed to the DEC premises, allowing representatives of the Church and the Archbishop’s lawyers to enter.

This time, the authorities have made their position clear before Monday’s appearance.

DEC and Police said only Archbishop Banda’s legal representative and other appropriate persons connected with the matter will be allowed to accompany him when he appears before law enforcement.

They also urged members of the public to refrain from any unlawful assembly, public procession or other conduct that may breach the peace or contravene the law, saying Police would take appropriate measures to prevent unlawful conduct.

The warning does not prohibit the Catholic Church from holding its scheduled Mass. The Archdiocese has announced that Mass will be celebrated at the Cathedral of the Child Jesus at 08:00 on Monday, with Archbishop Banda expected to proceed to the DEC at 10:00.

What exactly is Archbishop Banda being investigated for?

This is where the distinction between an investigation and a criminal conviction becomes important.

Section 319 of the Penal Code deals with a person who has in their possession property that may reasonably be suspected of having been stolen or unlawfully obtained, or who conveys such property, and who fails to give an account to the satisfaction of the court of how they came by it. The offence is classified as a misdemeanour.

The current DEC and Police statement says the investigation concerns the alleged possession of the Toyota Hilux.

It does not establish that Archbishop Banda committed the offence.

The question for investigators is how the vehicle came into his possession and whether the circumstances surrounding it satisfy the elements of the offence.

That is also why the January Warn and Caution Statement is relevant.

WATCH: DEC and Police warn against procession as Archbishop Banda appears

Video caption:
DEC and Zambia Police have confirmed that Archbishop Alick Banda has been summoned on Monday in connection with ongoing investigations involving a Toyota Hilux allegedly linked to ZRA. In this joint press address, authorities also warn members of the public against unlawful assembly or procession as Catholics prepare for a solidarity Mass.

When Archbishop Banda appeared before the DEC in January, the Commission said he was given an opportunity to explain how he came into possession of the vehicle but chose to remain silent. DEC nevertheless recorded the Warn and Caution Statement and said investigations would continue.

Is the offence automatically unbailable?

This is an important point because it has generated concern around Monday’s appearance.

Under Section 123 of the Criminal Procedure Code, bail is generally available to an arrested or detained person, subject to the law.

The section specifically excludes bail for people charged with murder, treason or another offence carrying a possible or mandatory capital penalty, misprision of treason or treason-felony, and aggravated robbery. Section 319 of the Penal Code is not among those offences.

The CPC’s provisions on detention also require a person retained in custody to be brought before a competent court as soon as practicable. The Constitution goes further, providing that a person arrested on reasonable suspicion of committing an offence who is not released must be brought before a court without undue delay.

Therefore, an arrest would not automatically mean Archbishop Banda would remain in custody until the conclusion of a trial on a Section 319 allegation. Whether he is arrested, released, charged, granted bail or otherwise dealt with would depend on the circumstances and the applicable legal process.

The Church’s response

The Archdiocese of Lusaka has called for solidarity with Archbishop Banda while also urging Catholics to remain peaceful.

In its September 25 statement, the Archdiocese asked clergy, religious and lay faithful to remain united in prayer, calm in spirit and steadfast in faith as the Archbishop responds to the summons in accordance with the law.

The Church has scheduled the 08:00 Mass at the Cathedral of the Child Jesus before Banda proceeds to the DEC.

The Archdiocese has not said that Archbishop Banda has been charged or that he will necessarily be arrested when he appears before investigators.

The DEC and Police statement likewise confirms a summons in connection with ongoing investigations; it does not announce an arrest or a new criminal charge against him.

What happens Monday?

The immediate sequence is now clear.

Catholics are expected to gather for Mass at the Cathedral of the Child Jesus at 08:00.

Archbishop Banda is expected to proceed to the DEC at 10:00.

The authorities have warned against an unlawful procession or assembly accompanying him.

And investigators are expected to continue dealing with the vehicle matter that first brought the Archbishop before the DEC in January.

What remains unknown is what investigators will ask the Archbishop on Monday, whether the investigation will result in formal charges, and what decision the authorities will make after his appearance.

For now, the confirmed issue is the investigation into the Toyota Hilux and the authorities’ warning against an unlawful public procession — not a finding of guilt against Archbishop Banda.