Binwell Mpundu misses court appearance as six election-day detainees seek High Court intervention
Mpundu misses court appearance as six election-day detainees seek High Court intervention
Former Nkana Member of Parliament Binwell Mpundu failed to appear before the Lusaka Magistrates’ Court on Thursday, with his lawyers unable to establish his whereabouts, as six men separately turned to the High Court over what they describe as continued detention without being taken before a court.
Lusaka, 21 August – Mpundu was expected to appear before Magistrate Webster Milumbe for a ruling on whether the prosecution had established a case requiring him to answer to the charge against him.
But when the matter came up, the State informed the court that Mpundu was not present and that there was no explanation for his absence.
His lawyer, Norman Siwila, told the court that attempts to contact the former lawmaker had failed, saying all the telephone numbers known to him were not going through.
Siwila said Mpundu had two sureties, former Kamfinsa MP Christopher Kang’ombe and Mulenga Fube, but neither was available in court to account for his absence.
According to the lawyer, Kang’ombe had been informed that Mpundu was absent but was unable to travel to Lusaka because he was on the Copperbelt and had received the information at short notice.
Fube, who had contested the Chilubi Island parliamentary seat, was also contacted but did not answer his phone.
Siwila asked Magistrate Milumbe to give the sureties an opportunity to appear before the court and explain the circumstances surrounding Mpundu’s absence before any further action was taken.
The magistrate subsequently directed Kang’ombe and Fube to appear before the court on September 17, 2026, to explain Mpundu’s absence and, if known, disclose his whereabouts.
Mpundu is facing one count of seditious practices under Section 57(1)(b), as read with Section 60(1)(i) of the Penal Code.
The charge arises from allegations concerning statements he allegedly published on December 20, 2024, in which he called on members of the opposition to arm themselves and defend themselves with the same measure.
Separately, six men arrested on August 13 have asked the High Court to allow them to commence habeas corpus proceedings over their alleged continued detention in police custody.
The six are Newton Miti, Joseph Phiri, Collins Kawali, Kennedy Chimfwembe, Emmanuel Banda and Fredman Muchili.
In an affidavit supporting the application, Siwila said the men were arrested together on election day and had remained in police custody without being brought before a competent court.
The application follows a police statement alleging that the six were found in possession of offensive weapons and election materials belonging to politician Sean Tembo, who was contesting the Roma constituency.
Siwila, however, said he was not aware of any of the six men having been formally charged with a criminal offence or of the legal basis for their continued detention.
The Attorney General, Inspector General of Police, officer-in-charge of Chelston Police Station and any person having custody or control of the six men have been named as respondents.
The lawyer is asking the High Court to hear the application during the current Michaelmas vacation, arguing that the matter is urgent because of the alleged continued detention without the men being brought before a court.
-Nkanionline 2026