Former ConCourt Judge Sitali Remains in Detention as HRC Raises Alarm Over Election Arrests

9 ViewsFormer Constitutional Court Judge Anne Mwewa Sitali remains in detention weeks after her arrest following Zambia’s August 13 general election, amid growing concern over prolonged custody of people arrested in connection with post-election incidents. Justice Sitali was reportedly picked up from her home and taken to Richard Kachingwe Police Post, where authorities accused her […]

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Former Constitutional Court Judge Anne Mwewa Sitali remains in detention weeks after her arrest following Zambia’s August 13 general election, amid growing concern over prolonged custody of people arrested in connection with post-election incidents.

Justice Sitali was reportedly picked up from her home and taken to Richard Kachingwe Police Post, where authorities accused her of conspiracy to commit a felony.

The charge is understood to have arisen from her alleged involvement in providing professional advice to lawyers preparing an electoral petition challenging the re-election of President Hakainde Hichilema.

Her continued detention has now come into focus as the Human Rights Commission raises concern over the number of people who remain in custody weeks after the election.

HRC Chairperson Dr Pamela Towela Sambo said the Commission is monitoring at least 84 people arrested or detained in connection with election-related incidents.

Sambo said some detainees had remained in custody beyond what she described as legal limits without being formally charged or brought before a court.

She cited Articles 13 and 18 of the Constitution, which protect the right to personal liberty and provide safeguards for people facing criminal proceedings, including the right to a fair hearing within a reasonable time.

The Commission has called on the Zambia Police Service and the National Prosecution Authority to ensure that detainees are either formally charged, granted bond where applicable, or released.

Among the cases being monitored by the HRC is that of Alphonso Daka and 42 others who were arrested in Roma Township on August 14. According to Sambo, the group remained in custody at Chelstone Police Station as of September 1 despite investigations having been concluded.

Justice Sitali is among a number of opposition-linked figures who have remained in custody since the disputed election period.

Others include Tonse-Pamodzi Alliance Secretary General Celestine Mambula Mukandila and youths Yona Longwe and Mwape, who are reported to be detained at different police stations in Lusaka, including Chelstone, Kabwata, Lusaka Central and Richard Kachingwe.

The arrests and continued detention have added to concerns about the handling of opposition figures following the election, particularly amid wider criticism of the government’s post-election security operations.

International reporting on the aftermath of the election has also highlighted arrests of opposition figures, the deployment of security forces and the temporary closure of courts on the final day for filing a presidential election petition.

Justice Sitali’s case is particularly significant because of her former position on the Constitutional Court and the nature of the allegation against her.

She was appointed to the Constitutional Court in March 2016 and previously served as a High Court judge. She also held several senior positions in the Ministry of Justice before becoming a judge.

The allegation against her, however, remains just that — an allegation. She has not been convicted of the offence and remains entitled to due process and the presumption of innocence.

The HRC’s intervention has put renewed attention on the question of how long people arrested in the aftermath of the August 13 election can remain in police custody without their cases being brought before the courts.

For Justice Sitali, the question remains whether she will be formally prosecuted, released or brought before a court to determine the legality of her continued detention.