Release all political detainees, Ex AG Mwenye pleads with government

153 Views Former Attorney General Musa Mwenye SC has accused the Hichilema administration of holding Zambians as political detainees outside the courts, saying the government has shredded the rule of law on the eve of Thursday’s elections. In a damning statement, Mwenye said Zambia is now practicing extra judicial detention, and that the practice is […]

153 Views

Former Attorney General Musa Mwenye SC has accused the Hichilema administration of holding Zambians as political detainees outside the courts, saying the government has shredded the rule of law on the eve of Thursday’s elections.

In a damning statement, Mwenye said Zambia is now practicing extra judicial detention, and that the practice is being used against people targeted for their political activity.

“When people are held in detention beyond the reach of the courts, contrary to the law and due process, they are being held ‘extra judicially’,” Mwenye wrote.

“Further, when people are detained for their political activities and mobilisation, they are ‘political detainees’. Do we have political detainees who are being held extra judicially in Zambia today? Sadly, the answer is yes.”

The former chief government lawyer said he never imagined he would have to describe Zambia in those terms.

“I never thought I would ever utter the words, ‘political detainee’ and ‘extra judicial detention’ in one sentence with regards to democratic Zambia, whose democratic credentials have been a beacon of good governance and the rule of law in Africa and beyond,” he said.

Mwenye said the Hichilema government has gone further than past administrations by abandoning even the formality of court process.

“In the past, when persons were detained for their political activities, the accused persons were subjected to due process in courts of law. We are now witnessing detentions without even the pretension of any court process, whatsoever,” he said.

“This is not who we are, and it is certainly not what we should be known for.”

He warned that Zambia’s international standing is being wrecked.

“Zambia’s well earned name in observance of human rights and our democratic credentials are in serious jeopardy,” Mwenye said.

The former Attorney General demanded that the government act now.

“I appeal to the Government to release all political detainees who are being held extra judicially or to present them before courts of law for the due process of the law to take its course,” he said.

The statement lands 3 days before the August 13 general election. Fourteen presidential candidates are on the ballot. In recent weeks, church bodies, the Law Association of Zambia, and civil society groups have flagged arrests of opposition figures and activists, with reports of people held for days without charge.

Constitutional lawyers say detaining people outside the courts violates Article 13 on personal liberty.

They note that the Constitution allows no exception for politics, and that every suspect must be brought before a court within a reasonable time.

Human rights organisations say secret detention chills political participation and undermines public confidence in the vote.

Government had not responded to Mwenye’s allegations by press time.

Political watchers say the rebuke is significant because it comes from a former Attorney General, the person once tasked with defending the state in court.

They argue that the accusation points to a failure of institutions, not just partisan politics.

With voting on Thursday, Mwenye said the country must choose between law and impunity.

“If we normalise detentions without court process, we are telling ourselves and the world that the law no longer matters. That is a road Zambia must not take,” he said.