Security Agencies, Not the Judiciary, Ordered August Court Shutdown, Attorney-General Tells ConCourt

The three-day closure of Zambia’s courts in August was ordered by the country’s security agencies, not by the Judiciary. Attorney-General Mulilo Kabesha has told the Constitutional Court that the Judiciary’s Chief Administrator merely communicated directives issued by the defence and national security services. He made the disclosure while asking the court to dismiss, with costs, a petition by Chapter One Foundation challenging the shutdown of court operations from August 24 to 26, 2026. The Attorney-General argued that the Constitution does not impose an absolute duty to keep every courthouse physically open during an assessed security threat. His submissions for the first time place responsibility for one of the most contested episodes of the post-election period on the security establishment.

The closure began on August 24, the last day under Article 105 of the Constitution for lodging a challenge to the presidential election result. The High Courts in Lusaka, Ndola, Chipata and Livingstone, the Constitutional Court and the Supreme Court in Lusaka were shut, along with some Local Courts. A judiciary memo cited security concerns and instructed staff not to report for work. Police presence restricted access to court premises. Civil society groups and opposition figures questioned the timing of the shutdown.

Chapter One Foundation petitioned the Constitutional Court, arguing that the closure and restrictions on access to judicial services violated Articles 118, 119 and 122 of the Constitution. It says the shutdown undermined judicial authority and denied citizens access to justice. The organisation is seeking declarations that the closure was unconstitutional, unlawful and null and void. It also wants the State compelled to disclose the nature of the security concerns and the authority under which the action was taken. It further wants the identities of those who authorised or carried out the closure made public.

Mr Kabesha has raised preliminary objections under Article 128(3) of the Constitution and the Constitutional Court Rules 2026, arguing that the petition does not meet the requirements for the court to hear it. He submitted that there was a mismatch between the constitutional provisions relied on by the petitioner and the administrative steps being challenged. He said the decision to close the court precincts was prompted by security concerns. National security matters, he argued, fall under the Defence Force and National Security Services established under Part XV of the Constitution.

The Attorney-General said the Judiciary’s Chief Administrator had only relayed the security directives to staff and the public. He also argued that Chapter One Foundation had not cited any constitutional provision requiring security agencies to disclose full details of the threats they were addressing against a person, State organ or institution. In his submissions, he defended the measures as a precaution to protect lives.

“The precautionary measures pursued legitimate public safety objectives, protecting human life, court users and public officers, and were lifted once the threat de-escalated, also affecting institutions like the Ministry of Justice and the National Prosecution Authority,” Mr Kabesha said.

He said the State had acted under the precautionary principle in responding to the threat. He contended that the foundation had failed to present evidence proving violations of Articles 1(3), 118, 119 and 122. The petitioner had therefore failed to discharge the burden of proof required in constitutional proceedings, he argued. Mr Kabesha assured the court that judicial authority remained fully intact and asked it to dismiss the petition with costs.

The State’s answer leaves the central questions in Chapter One’s petition unresolved. It does not identify which security agency issued the directive, what the threat was or who assessed it. Those are the disclosures the foundation is asking the court to order, and the tate maintains it has no constitutional duty to make them. The Constitutional Court must now decide whether the petition can proceed to a hearing on its merits

LEAVE A REPLY Cancel reply

Hot this week

Zambia to Spend K212 Billion Servicing Debt Over Three Years, September 30, 2026 2 Zambia to Spend K212 Billion Servicing Debt Over Three... Columns

Possession is not proof: the State must show its evidence against Archbishop Banda September 30, 2026 2 Possession is not proof: the State must show its... General News

Nabwalya GMA records five more anthrax deaths September 30, 2026 0 The country has recorded additional five cases of anthrax... General News

Maamba Solar starts 100mw power injection September 30, 2026 1  Maamba Solar Energy Limited (MSEL) has commenced evacuating 100... General News

Public workers urged to support Grow Zambia Agenda September 30, 2026 0 Nalolo District Commissioner Namatama Mupo has urged civil servants...

Topics

Zambia to Spend K212 Billion Servicing Debt Over Three Years, 2 Zambia to Spend K212 Billion Servicing Debt Over Three... Columns

Possession is not proof: the State must show its evidence against Archbishop Banda 2 Possession is not proof: the State must show its... General News

Nabwalya GMA records five more anthrax deaths 0 The country has recorded additional five cases of anthrax... General News

Maamba Solar starts 100mw power injection 1  Maamba Solar Energy Limited (MSEL) has commenced evacuating 100... General News

Public workers urged to support Grow Zambia Agenda 0 Nalolo District Commissioner Namatama Mupo has urged civil servants... General News

Govt approves first-ever male breast cancer awareness materials 0 In a landmark move for inclusive healthcare, the Ministry... Feature Health

Chisamba launches HIV, Syphilis screening 0 Chisamba Rural Health Centre, in collaboration with the AIDS... General News

Govt. signs $2bn deal in UAE for Medical City 0 Zambia is set to become Southern Africa's centre of...

Related Articles

Zambia to Spend K212 Billion Servicing Debt Over Three Years,

US$2 Billion Medical City to Turn Lusaka into Southern Africa’s Health Tourism Hub Headlines September 29, 2026

Archbishop Banda Walks Free from Chimbokaila After Meeting Bail Conditions

Archbishop Banda Faces Second Night in Chimbokaila as Lawyers Race to Meet Bail Terms

HH Seals US$2.14 Billion in Pledges as Abu Dhabi Opens Its Doors to Zambia

Popular Categories