ABUSING THE LAW TO JAIL POLITICAL OPPONENTS
Aggravated Robbery and Attempted Murder: Trumped-Up Charges Against Hon. JJ Banda in a Cover-Up for UPND Officials’ Alleged Abductors
By Thandiwe Ketis Ngoma
The Government of the Republic of Zambia received a joint communication dated August 16, 2024, from the Special Rapporteur on the rights to freedom of peaceful assembly and association, the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on the situation of human rights defenders.
On August 29, 2024, a news release titled “Zambia must immediately halt downward spiral of infringement on fundamental freedoms” was published by the Special Rapporteurs and circulated widely on global media platforms.
The Special Rapporteurs requested the Government of Zambia to respond to the allegations within sixty (60) days of receipt of the communication, after which a report would be prepared for the United Nations Human Rights Council.
Among those who have suffered arbitrary arrest under the UPND government is Hon. Emmanuel JJ Banda, an independent Member of Parliament for Petauke.
Hon. Banda’s Disappearance
Zambia was plunged into shock when news broke that Hon. Emmanuel JJ Banda, an independent Member of Parliament for Petauke Constituency in the Eastern Province, had gone missing under mysterious circumstances. Police initially claimed his car was discovered parked just a few meters from a police station in Lusaka’s Ibex area, with a “suspected” suicide note inside. This bizarre explanation was immediately met with widespread skepticism, as many Zambians suspected foul play and demanded answers. Calls for Hon. Banda’s immediate release and an investigation into his disappearance quickly gained momentum across the nation.
Hon. Banda Found in Distress
Two days after his disappearance, Hon. Banda was found in Kafue in a deplorable state. Witness accounts and initial reports from his family revealed that he appeared physically and emotionally traumatized, further deepening suspicions about the events leading to his disappearance. What happened to him during those two days remains a matter of great concern, sparking national outrage and demands for clarity.
Police Forcefully Remove Hon. Banda from Medical Facility
After his discovery, Hon. Banda’s family rushed him first to a government hospital and later to a private medical facility for treatment. However, in a stunning display of force, a battalion of police officers stormed the medical facility and forcibly removed him, transferring him to Maina Soko Military Hospital. This move was made without the consent of Hon. Banda’s family or legal representatives.
The question that begs an answer is: why were the police treating Hon. JJ Banda as though he were a suspected criminal instead of a victim of a suspected abduction? He needed proper care and respect, especially considering his position as a Member of Parliament.
Video footage of the incident shows police officers behaving aggressively, raising serious questions about their motives and the necessity of such excessive force. The public was particularly alarmed by the presence of Hon. Jack Mwiimbu, a senior government official, at the scene, further fueling concerns about government interference. Why was it necessary to move Hon. Banda to a military hospital, especially without the family’s involvement? What was the government trying to achieve?
Hon. Banda Identifies Alleged UPND Abductors
After being discharged from Maina Soko Military Hospital, Hon. JJ Banda was taken to the police station to provide information regarding his alleged abduction. Banda made shocking revelations to police officers and his legal team. According to his statements, he recognized three UPND officials—Levy Ngoma, Trevor Mwiinde, and Clayson Hamasaka—among his alleged abductors. These claims sent shockwaves through Zambia, implicating high-profile members of the ruling United Party for National Development (UPND).
Despite the gravity of these allegations, there has been no evidence of a formal investigation into the individuals accused by Hon. Banda. Instead, government actions appear focused on discrediting him rather than uncovering the truth. This lack of transparency and accountability has further eroded public trust in the government.
Revival of an Eight-Year-Old Case
Amidst the abduction allegations, President Hakainde Hichilema ordered the reopening of an eight-year-old case against Hon. Banda. The courts had already adjudicated the case. Hon. JJ Banda, along with others found guilty, was fined, and the victim was compensated. The matter was closed.
To everyone’s surprise, this case is now being used to level fresh charges against Hon. Banda. This development is widely viewed as a deliberate strategy to distract the public from the serious allegations raised by Hon. Banda and to undermine his credibility.
The timing of this case’s revival has only added to suspicions. Zambians are asking why a case deemed resolved years ago is suddenly being weaponized against Hon. Banda at a time when he has exposed potential wrongdoing by UPND officials.
Leaked Audio of Coercion
The controversy took another dramatic turn with the release of leaked audio recordings that appear to incriminate senior government officials. The recordings feature Permanent Secretaries Thabo Kawana and Matembo, along with Minister Sylvia Masebo, allegedly coercing Hon. Banda at Maina Soko Hospital. According to the leaked audios, the officials attempted to pressure Hon. Banda into exonerating his alleged abductors in exchange for his freedom, using the reopened old case as leverage.
Although the officials have publicly denied the allegations, the content of the recordings tells a different story. The audios, now widely available, reveal a calculated effort to manipulate the outcome of Hon. Banda’s case. The officials later claimed that their visit to Hon. Banda was at his invitation—an assertion that has failed to convince the Zambian public.
The blatant interference suggested by these recordings has undermined the government’s credibility and raised serious concerns about abuse of power at the highest levels.
Trumped-Up Charges: Aggravated Robbery and Attempted Murder
In a shocking turn of events, Hon. Banda was taken to Chipata, where he was formally charged with non-bailable offenses, including aggravated robbery and attempted murder, and put in prison. Legal experts and civil society organizations have widely condemned these charges as fabricated. They appear to be a calculated attempt to silence Hon. Banda and shift focus away from the alleged involvement of UPND officials in his abduction.
While in prison, he fell ill and was taken to the hospital for medical attention. From this hospital, he mysteriously disappeared under unexplained circumstances. Wherever he may be, we hope and pray that the Lord keeps him safe, as his ordeal amounts to political persecution. He is now a political prisoner fleeing the dictatorial tendencies of President Hakainde Hichilema.
In an official response to the UN Special Rapporteur, the Zambian government claimed that Hon. Banda had escaped from lawful custody and was currently a fugitive facing charges of aggravated robbery and attempted murder. However, this characterization is grossly misleading. Hon. Banda is not a criminal fleeing justice but a political prisoner evading the persecution, wrath, and injustices of President Hichilema’s administration. These charges are part of a broader strategy of intimidation and repression, silencing him for exposing abuses of power and implicating ruling party officials.
Questions That Demand Answers
1. Why did President Hichilema prioritize reopening a resolved case against Hon. Banda amidst an abduction scandal?
2. Why have the police ignored serious allegations against UPND officials named in the abduction?
3. In what capacity did Thabo Kawana, Matembo, and Sylvia Masebo involve themselves in coercing Hon. Banda?
4. Why have the police failed to launch a credible investigation into the actions of Kawana, Matembo, and Masebo?
Aggravated Robbery and Attempted Murder: Trumped-Up Charges Against Hon. JJ Banda in a Cover-Up for UPND Officials’ Alleged Abductors
