Ex-ZSIS boss Chungu denied bail again

The Lusaka High Court has dismissed a renewed application for bail pending trial by former Zambia Security Intelligence Service director-general Xavier Chungu, ruling that once the Director of Public Prosecutions (DPP) issues a certificate denying bail on grounds of national…

The Lusaka High Court has dismissed a renewed application for bail pending trial by former Zambia Security Intelligence Service director-general Xavier Chungu, ruling that once the Director of Public Prosecutions (DPP) issues a certificate denying bail on grounds of national interest, the court has no discretion to grant it.

Chungu had approached the High Court after a subordinate court refused to release him following the DPP’s issuance of a certificate stating that his release would prejudice the safety and interests of the Republic. Through the renewed application, he sought to overturn that decision at the High Court.

He is facing charges of communicating certain information, engaging in seditious practices, and two counts of publication or disclosure of information to unauthorised persons. The charges stem from statements he allegedly made during an interview on That Zed Podcast on May 24, 2026, in which he discussed intelligence operations, intelligence passports and regional political engagements.

Delivering the ruling, High Court Judge Kelvin Limbani said the matter before the court was a renewed application for bail pending trial and not an appeal against the subordinate court’s decision, a distinction that defined the limits of the court’s jurisdiction.

Justice Limbani rejected the defence’s argument that the DPP had issued the certificate of denial of bail prematurely and before the wrong court. He held that the High Court had the necessary jurisdiction to hear the application and dismissed the procedural challenge raised by the defence.

The judge said Section 123(4) of the Criminal Procedure Code limits the court’s discretion to grant bail once the DPP certifies that releasing an accused person would affect the safety or interests of the Republic. He said the court is bound by the legal effect of such a certificate and cannot examine the reasons behind its issuance.

Justice Limbani also relied on the reasoning in the Sedrick Kapasa Kasanda case, which established that the DPP is not required to produce evidence demonstrating how national safety or public interests would be prejudiced, but only needs to certify that such prejudice exists.

“It is not within the province of this court to question the reasons for the issuance of the certificate by the DPP,” Justice Limbani said.

He consequently dismissed the application, ruling:

“Accordingly, the application fails.”

Chungu remains in custody and is awaiting committal to the High Court for plea and trial. The ruling closes, for now, the avenue he had pursued at the High Court level to secure his release before the commencement of trial proceedings.

The case has attracted public attention because of Chungu’s former role at the helm of the country’s intelligence service and the nature of the allegations against him, which relate to intelligence operations and regional political engagements.

The ruling also reinforces the legal effect of Section 123(4) of the Criminal Procedure Code, under which courts are bound by a DPP certificate denying bail on national interest grounds, leaving no judicial discretion to grant bail once such a certificate has been issued.