343 Views Chief Resident Magistrate Nthandose Chabala has committed former Director General of the Zambia Security Intelligence Service, Xavier Chungu, to the High Court for trial on charges under the State Security Act. The committal was made during a brief session at the Lusaka Magistrates Court earlier today after the State informed the court that […]

343 Views

Chief Resident Magistrate Nthandose Chabala has committed former Director General of the Zambia Security Intelligence Service, Xavier Chungu, to the High Court for trial on charges under the State Security Act.

The committal was made during a brief session at the Lusaka Magistrates Court earlier today after the State informed the court that it had received instructions from the Director of Public Prosecutions to have the matter determined by a superior court.

Chungu appeared in court alongside his legal representatives.

He is facing charges relating to alleged possession of classified security information and other matters under the State Security Act.

The details of the charges were not read in the lower court following the committal, as is procedure when a case is sent to the High Court.

In committing the matter, Chief Resident Magistrate Chabala said the court had taken note of the DPP’s directive and was satisfied that the case should proceed to the High Court for trial.

She advised Chungu that he will now be required to take plea before a High Court judge and that bail conditions, if any, will be determined by that court.

The decision followed the State’s submission that it had received instructions from the Director of Public Prosecutions to commit the accused to the High Court for trial.

State prosecutors told the court that the nature of the charges and the evidence involved warranted that the matter be heard by the High Court.

Chungu has been in and out of court since his arrest and subsequent release on bail in previous years.

He served as intelligence chief during the Patriotic Front administration and has been the subject of several legal proceedings since leaving office.

The State Security Act charges relate to allegations of mishandling classified information and other offences that fall under legislation governing national security.

His lawyers did not object to the committal.

They indicated that they were ready to proceed with the matter in the High Court and would make any necessary applications regarding bail and trial dates once the case is allocated to a judge.

Outside court, members of Chungu’s family and supporters gathered but were not allowed into the proceedings. Security was tight around the court premises as is standard in matters involving former security chiefs.

The committal to the High Court means the magistrates court will no longer handle the substantive hearing. The High Court will now set dates for plea, case management, and trial. Legal experts say cases under the State Security Act are often tried by the High Court because of the sensitive nature of the evidence and the need for stricter procedures around classified material.

The Director of Public Prosecutions has the constitutional power to decide which court should hear criminal matters and to take over, continue or discontinue any prosecution. In this case, the DPP determined that the charges against Chungu should be prosecuted in the High Court.

Chungu has previously pleaded not guilty to other charges he has faced in different courts, including allegations of corruption and abuse of office.

He has maintained that the cases against him are politically motivated. The State has consistently said the prosecutions are based on evidence and are being pursued in the interest of the law.

The State Security Act governs the protection of classified information and prescribes penalties for persons found in possession of or disclosing information deemed prejudicial to national security.

Cases under the Act are treated with caution by the courts because of the need to balance public interest with the protection of state secrets.

With the committal now complete, the next step will be for the registry of the High Court to assign the matter to a judge. Chungu’s legal team is expected to file submissions ahead of the first mention. It is also likely that issues of bail, disclosure of evidence, and trial timelines will be addressed early in the High Court process.

The case adds to a number of high-profile prosecutions of former government officials that have continued under the current administration. Government has said it is committed to the rule of law and that no one is above the law, regardless of their former position.

For now, Chungu remains on his previous bail conditions until the High Court reviews them. The court did not set a date for the High Court mention, but court officials said the file will be transmitted to the High Court registry within the next few days.

The matter is likely to draw public interest given Chungu’s former role as head of intelligence and the broader debate around accountability for past office holders. The High Court trial will be the next stage in determining the allegations against him under the State Security Act.