By Angela Moonga
Civil Rights activist Brebner Changala has sued Attorney General Mulilo Kabesha and Magistrate Davis Chibwili in the Lusaka High Court seeking an order that it’s illegal and unreasonable for the magistrate to continue hearing his criminal matter on sedition charges.
In his submissions filed in the High Court on March 22, 2026, Changala stated that he was appearing before magistrate Chibwili on a case where he was charged with the offence of seditious practices.
He stated that he had earlier filed a petition in the High Court challenging the constitutionality of the offence of sedition as contained in the Penal Code, but that Chibwili issued an order which was availed to him on March 20, 2026.
Changala stated that the said order compelled him to open his defence on March 23, 2026.
He argued that even when his lawyers registered his High Court challenge to Chibwili, he refused to suspend the hearing of the criminal proceedings and declined to yield to the superior jurisdiction of the higher court.
Changala argued that it was therefore illegal, unreasonable, irrational and unjustified for Chibwili to refuse to yield to the higher court.
He asked the court to grant an order of mandamus directing and compelling Chibwili to allow the High Court to call for and examine the record of the criminal proceedings for the purpose of satisfying correctness, legality or propriety of the decision.
Changala wants the High Court to declare that Chibwili acted in error of law, without jurisdiction and failed to respect the established court hierarchy in Zambia, when he insisted to proceed with hearing the matter when the constitutionality of the charge and proceedings were under civil litigation in the High Court.
He wants the declaration to operate as a stay of the “illegal, irrational, unreasonable and unjustified” decision made by Chibwili.
Changala argued that the High Court had the authority to grant leave to apply for judicial review and stay the order made by Chibwili.
“That no prejudice shall be occasioned on the Respondents or any other person when this Honourable Court grants the leave to apply for judicial review,” submitted Changala. “That in the circumstances, this is an ideal case in which leave to apply for judicial review should be granted and curb illegality.”
