Treason Case Detainees Mark 40 Days Without Court Appearance

Director of Public Prosecutions Gilbert Phiri says the State is still investigating treason suspects being held at Mukobeko Maximum Security Prison in Kabwe, as pressure mounts over the length of their detention. In an interview in Lusaka on Friday, he said the delay in taking…

Director of Public Prosecutions Gilbert Phiri says the State is still investigating treason suspects being held at Mukobeko Maximum Security Prison in Kabwe, as pressure mounts over the length of their detention. In an interview in Lusaka on Friday, he said the delay in taking National Reconciliation Party for National Unity and Prosperity presidential candidate Brian Mundubile, his running mate Makebi Zulu, prominent Lusaka businessman Harry Valden Findlay and others to court for treason was because law enforcement agencies were still building their case.

The Director of Public Prosecutions said law enforcement agencies had the mandate to investigate cases and should be given space to do so without undue pressure. He appealed to those concerned over the prolonged detention to exercise patience, arguing that investigators needed adequate time to conclude whether a prosecutable case existed at all.

“Some investigations are complex. The mandate of investigation is with law enforcement agencies and this process sometimes may take time, but it must be respected, and the space and opportunity must be given for them to inquire, and this is for the betterment of you, myself and the public in general,” he said.

Mr Phiri explained that police and other agencies needed to compile a docket that has to be vetted before any matter reaches court, a process he described as systematic in every jurisdiction, including the Western world. He said investigations sometimes end without a case if evidence proves insufficient, and that this conclusion cannot be reached without first being given the space to operate.

“So, all these processes take time. In every society, including the Western world, there are these processes that take time before a matter can go to court,” he said.

The family of Harry Findlay, however, says it remains deeply concerned that he has spent 40 days in detention without being taken to court, while his health continues to deteriorate. They said the allegations against him should not deprive him of his constitutional rights, including the right to have his case determined fairly and without undue delay.

“It has now been 40 days since Harry Findlay was arrested and yet he has not been taken to Court. Whatever the allegations against him they do not take away his constitutional rights. He has the right to be taken to court and the matter determined fairly and without delay,” the Findlay family said.

The family added that despite his serious medical condition and deteriorating health, he had not been taken to hospital and continued to receive treatment at the detention facility. It said it had exhausted all avenues available to it through the law and was now awaiting the court’s decision on its constitutional petition.

Political analyst and former detainee Muhabi Lungu drew parallels between his own treason trial three decades ago and the current case, warning that Zambia risks sliding into what he termed authoritarianism if detainees are not brought before a court. He recalled his own experience in the “Black Mamba” case, in which he said a judge at the time had told the State that suspects charged with serious offences must still be brought to court promptly, describing that as what due process means.

International observers have echoed some of these concerns, with the United Nations urging Zambia to uphold human rights and judicial independence, while the African Union has warned that prolonged detentions without trial undermine democratic legitimacy.

Both the DPP’s office and the concerned parties agree on one point: the matter now rests on the courts and the pace of the ongoing investigation, with all sides awaiting the next procedural development.