By Staff Reporter
The Kazembe Lunda Royal Establishment (KLRE) says the continued detention of former Intelligence chief and presidential candidate of the Liberal Democrats Party (LDP) Xavier Chungu despite a valid High Court order raises profound
constitutional concerns.
In a press statement issued today, KLRE argued that if those enforcing the law disregarded court orders, the foundations of constitutional democracy would be in jeopardy.
“No institution, however powerful, is above the law. No citizen should be deprived of liberty in defiance of a court order,” the establishment stated. “The Kazembe Lunda Royal Establishment recalls that the United Party for National
Development (UPND), in its 2021–2026 Manifesto, pledged ‘to ensure strict adherence to the rule of law and end selective application of the law to restore faith in the country’s critical national institutions of governance.’ This is in addition to ‘respect court judgments
and orders to entrench the rule of law and enhance constitutionalism.'”
They recalled President Hakainde Hichilema’s solemn commitment during his inauguration on August 24, 2021 that his administration would “ensure respect for the fundamental human rights and freedoms for all and restore the rule of law.”
“These commitments were welcomed by the Zambian people and the international community. Such pronouncements cannot remain mere words. They must be reflected in the conduct of State institutions and public officers. The Government has on numerous occasions proclaimed its commitment to constitutionalism, human rights, and the rule of law,” the establishment stated. “The present circumstances provide a clear opportunity to demonstrate the genuineness of these commitments and apply the aforesaid equally to all persons, regardless of political affiliation, public profile, or the nature of allegations against them.”
The establishment raised grave concerns with Chungu’s continued incarcerated as he had now remained in custody since May 28 when he was arrested.
“While criminal allegations have been levelled against him under the Penal Code, the State Security Act, and the Zambia Security Intelligence Act, he remains, under the Constitution
and laws of Zambia, innocent until proven guilty by a court of competent jurisdiction,” KLRE stated. “On 4 June 2026, the High Court duly granted Mr. Chungu bail. Notwithstanding this clear
judicial order, the Zambia Police Service continued to detain him until 5 June 2026. The prolonged completion of bond formalities and the conduct of the police during this period raise serious concerns regarding the efficiency, propriety, and good faith with which the court’s directive was executed.”
They started that concerningly, immediately upon the eventual completion of the bond process and Chungu’s release, he was served with two additional charges, re-arrested, and
returned to police custody.
“As of today, Mr. Chungu has remained in detention at Kabwata Police Station for ten (10) consecutive days. This sequence of events creates the
unmistakable impression that the grant of bail by the High Court was effectively frustrated, thereby undermining both the spirit and effect of the court’s order and raising legitimate questions regarding adherence to the rule of law and respect for judicial authority,” they stated. “This situation is a serious and unacceptable affront to the rule of law. It is not just about one individual. It strikes at the heart of constitutional governance, judicial independence, and the credibility of our democratic institutions. The Constitution of Zambia is the supreme law and binds all persons, State organs, and institutions. Any act or omission that contravenes it is illegal. The Constitution guarantees every person the right to personal liberty and legal protection. Article 13(3) states that a person arrested or detained on reasonable suspicion must be brought before a court without undue delay or released. Article 18(2) guarantees the presumption of innocence until proven guilty according to law. These protections are constitutional rights that must be respected and protected at all times.”
They argued that: “The continued detention of Mr Chungu is also particularly troubling in light of Zambia’s
recent launch, in February 2026, of its candidature for membership to the United Nations Human Rights Council for the 2027–2029 Term. Nations seeking election to the Human Rights Council undertake to uphold the highest standards in the promotion and protection of human rights. Respect for judicial decisions, due process, personal liberty and the rule of law are among the most fundamental of those standards.”
KLRE stated that as a nation, Zambia’s reputation wass built not on declarations but on actions. They stated that the
international community will judge Zambia’s commitment to human rights and democratic governance in the way that we, as a country, faithfully uphold constitutional guarantees,
especially when it may be politically inconvenient.
“The Kazembe Lunda Royal Establishment, therefore, calls upon the Government, the Zambia Police Service, and all relevant authorities to apply ethical and lawful provisions of Zambia’s Constitution, even where bail and bond procedures are applicable. This call should not be seen as an attempt to interfere with lawful investigations or judicial proceedings. If the State has evidence against Mr Chungu, it should present it before the courts in accordance with the law,” KLRE stated. “The criminal justice system provides lawful mechanisms to determine guilt or innocence. What is impermissible and pure injustice is the continued deprivation of liberty when a court has ordered otherwise. We further urge all public authorities to remember that fidelity to the Constitution is not
optional. It is a legal and moral obligation.
“The rule of law means that government itself is subject to the law, that court orders are obeyed, and that constitutional rights are respected irrespective of the identity of the person concerned. The Kazembe Lunda Royal Establishment stands firmly in defence of constitutionalism, due process, judicial independence and the fundamental rights and freedoms guaranteed to every citizen of the Republic of Zambia.”
They argued that the immediate and unconditional release of Chungu pursuant to the applicable legal provisions available, and in view of the preceding and recent
developments, was not a matter of discretion.
“It is a matter of law,” stated KLRE.
