Lawyers Twice Blocked From Seeing Mundubile, Zulu and 16 Others – Tonse

39 ViewsThe Tonse Pamodzi Alliance has raised concerns over alleged restrictions on lawyers seeking access to opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 other members of the alliance detained at Mukobeko Maximum Prison. EFF president and Tonse Pamodzi Alliance Council of Presidents member Kasonde Mwenda says lawyers representing Mundubile and Zulu […]

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The Tonse Pamodzi Alliance has raised concerns over alleged restrictions on lawyers seeking access to opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 other members of the alliance detained at Mukobeko Maximum Prison.

EFF president and Tonse Pamodzi Alliance Council of Presidents member Kasonde Mwenda says lawyers representing Mundubile and Zulu have twice been turned away from the prison without being allowed to meet their clients.

Mwenda says State Counsel Sakwiba Sikota and State Counsel Chifumu Kingdom Banda, together with lawyers representing other members of the group, have so far been unable to secure access to some of the detainees.

“The two State Counsel have been blocked and sent back twice with zero access to their clients to date,” Mwenda said in a statement.

He described the alleged denial of access as an affront to the constitutional rights of the detainees and appealed to President Hakainde Hichilema to intervene.

“Wherever we want to go our feet will take us there,” Mwenda said.

The 18 opposition figures, including Mundubile and Zulu, were transferred to Mukobeko Maximum Prison following their arrest and subsequent charging with treason. They have yet to make their first court appearance in the matter.

The allegations come amid growing concern over access to the detainees.

Lawyer Milner Katolo previously said that following the group’s transfer to Mukobeko, family members were allowed to visit, while lawyers only gained access after several days.

Mwenda said the situation was particularly concerning given Hichilema’s own experience as an opposition leader.

“Mr Hakainde Hichilema was always allowed to meet his lawyers when he was in opposition but what has changed now?” he asked.

He accused the government of taking Zambia backwards and warned that the country’s democratic record was being damaged.

“May God help us. We appeal to you Mr Hakainde Hichilema to let our colleagues have access to unimpeded legal access in the interest of Justice,” Mwenda said.

Zambian law provides protections for detainees and inmates seeking legal assistance. The Correctional Service Act provides that an inmate should be given an opportunity and facilities to be visited by, communicate and consult with a legal adviser of their choice.

Article 26 of the Constitution also provides that a person in lawful detention should be afforded reasonable facilities to consult a legal representative of their choice.

However, prison regulations also allow visits to be subject to conditions specified by the officer in charge, while legal representatives are permitted to interview prisoners subject to those conditions.

The Zambia Correctional Service and the government have not, in the latest statement, publicly responded to Mwenda’s specific allegation that the two lawyers have twice been turned away from Mukobeko.

Mundubile, Zulu and the other 16 accused remain in custody as the treason case awaits its first appearance before court.