Zambia on the Brink? CSOs Warn of Constitutional Crisis Amidst Lawlessness Claims

Zambian civil society organisations (CSOs) have collectively sounded an alarm over what they describe as a deliberate and escalating disregard for the Constitution, the rule of law, and human rights by the Zambian Government in the weeks following the August 13, 2026 General Election. In a joint statement issued on September 14, 2026, a day before the United Nations International Day of Democracy, these groups asserted that Zambia was confronting an “unprecedented assault” on its democratic institutions, rather than celebrating their strength. They urged both Zambian citizens and the international community to reflect soberly on these recent developments and their implications for the nation's constitutional order.

Among the most concerning patterns highlighted by the CSOs is the arbitrary cancellation of passports without due process. On September 7, 2026, Government Gazette Notice No. 1421 of 2026 unilaterally cancelled the passports of six Zambian citizens: former Ambassador to Ethiopia Emmanuel Mwamba, historian Dr. Sishuwa Sishuwa, former Members of Parliament Binwell Mpundu and Emmanuel Jay Banda, former Special Assistant to the President Kaizer Zulu, and social media commentator Lillian Mutambo. While citing “security reasons” and “the interest of national security,” the Gazette provided no further grounds, formal charges, or any opportunity for the affected individuals to be heard before the decision was made. This incident follows an earlier, similar cancellation of the passport and national registration card of Mr. Celestine Mukandila, Secretary-General of the Tonse/Pamodzi Alliance, who remains in the custody of the Department of Immigration over a disputed status probe, with the Lusaka High Court having ordered his production to show cause for his detention. The CSOs argue that the right to a passport and the freedom of movement it protects, guaranteed by Article 22 of the Constitution, cannot be withdrawn at the whim of the Executive. They further highlight violations of Article 26, which requires any restriction of freedom to be authorised by law, provide reasons, and allow for review, as well as Article 18, which guarantees the right to be heard. This conduct, they contend, signifies the weaponisation of citizenship documents to silence critics, dissidents, and perceived political opponents of the ruling party.

Further escalating concerns are the treason and sedition charges, coupled with prolonged detention without arraignment, levied against opposition leaders. National Reconciliation Party for Unity and Prosperity (NRPUP) Presidential candidate Mr. Brian Mundubile and Vice-Presidential candidate Mr. Makebi Zulu have been detained since August 27, 2026, after voluntarily presenting themselves to the police following a security operation at a property linked to Mr. Mundubile, during which a former Cabinet minister was fatally shot. On August 29, 2026, they were jointly charged with treason, contrary to section 43 of the Penal Code, along with sixteen other co-accused, and subsequently transferred to Mukobeko Maximum Correctional Facility. On September 11, 2026, while still awaiting their first court appearance on the treason charge, they were further arrested and jointly charged with seditious practices, contrary to section 57 of the Penal Code. Crucially, by the time the CSOs’ statement was issued, neither man had been brought before a court of law to answer to either charge. This prolonged detention without arraignment, the CSOs state, violates Article 13(3) of the Constitution, which mandates that an arrested or detained person be brought before a court as soon as reasonably practicable, and Article 18, guaranteeing the right to be presumed innocent, informed promptly of charges, and to a fair hearing within a reasonable time. The CSOs view the practice of charging a person and holding that charge over them without arraignment as a form of coercion that undermines constitutional guarantees.

Deep concerns were also raised regarding the human rights situation of the 18 persons detained in connection with these matters, including Mr. Mundubile, Mr. Zulu, Mr. Mukandila, and their co-accused. A petition filed with the Attorney-General, Mulilo Kabesha SC, Harrington Akushanga, and the Zambia Correctional Service Commissioner-General, Fredrick Chilukutu, alleges unlawful detention, denial of access to legal counsel and family members, and, in some cases, inhuman and degrading treatment. Specific allegations include Mr. Harry Valden Findlay being taken from his residence on August 4, 2026, and held without access to family, legal representatives, or prescribed medication, first at Ibex Hill Police Station and later at Mwembeshi Correctional Facility. Furthermore, three other petitioners are alleged to have been detained for more than nine days after being picked up at Kenneth Kaunda International Airport, reportedly subjected to torture, including waterboarding and beatings. The CSOs regard these as extremely serious allegations, made under oath, demanding independent, transparent, and urgent investigation, expressing continued concern that several accused had yet to be brought before a court weeks after arrest.

Adding to this troubling pattern is a growing trend of abductions, exemplified by the apprehension of Mafinga South Member of Parliament Hon. Faith Munthali on September 11, 2026. She was reportedly taken by uniformed men in a manner that did not accord with basic due process, notably without the opportunity to have her lawyers present, despite earlier public warnings of a plot to apprehend her. This incident, like the allegations regarding the three Mundubile petitioners who were held at unknown locations for over nine days, points to tactics consistent with enforced disappearance, which is recognized under international law as a grave human rights violation. The CSOs called on the Zambia Police Service to immediately and transparently confirm Hon. Munthali’s whereabouts and legal status, ensure she has unimpeded access to her lawyers and family, and treat any allegation against her strictly according to law. They expressed alarm that abduction-style tactics appear to be emerging as a recurring feature of the State’s response to political opposition and dissent.

The civil society groups emphasized that these are not isolated incidents but, when taken together, reveal a clear pattern: the use of state power against political opponents, critics, and dissenting voices, without regard for due process, judicial oversight, or the constitutional protections that exist precisely to restrain such power. They warned that when passports can be cancelled by gazette notice, charges can be laid and left hanging indefinitely, and a sitting Member of Parliament can be taken into custody without due process, no citizen, regardless of prominence or ordinary status, can consider themselves safe from arbitrary state action. This pattern, they asserted, constitutes a “constitutional crisis,” echoing Article 1 of the Constitution, which declares it the supreme law, and Article 2, which places a duty on every citizen to defend it.

In response to this critical situation, the CSOs issued a comprehensive call to action. They urged Zambian citizens to peacefully discharge their constitutional duty to defend the Constitution, rejecting lawlessness through lawful assembly, speech, the courts, and civic vigilance, without resorting to violence. To the Government of Zambia, they demanded an immediate cessation of all actions taken in defiance of Articles 1, 13, 18, 22, and 26 of the Constitution and the rule of law. They called for the restoration of cancelled passports pending a fair and transparent process, the prompt arraignment of Messrs. Mundubile, Zulu, Mukandila, and their co-accused, or the withdrawal of charges. Furthermore, they demanded guarantees of unimpeded and confidential access to legal counsel, family, and prescribed medication for all detainees, alongside independent and transparent investigations into all allegations of torture or other cruel, inhuman, or degrading treatment, and an end to any practice amounting to enforced disappearance or abduction. They also urged the government to restore and consistently observe the rule of law, renew commitment to peace and citizen safety, and take concrete steps to restore public confidence in constitutional offices, including the Electoral Commission, Judiciary, Defence, law enforcement, and Security Wings, and to restore commitment to the separation of powers. Crucially, they advocated for an inclusive national dialogue (National Indaba) involving all stakeholders—government, opposition, civil society, and faith communities—to foster national healing and reconciliation, and to chart a confident way forward for Zambia’s constitutional and democratic order.

The Foundation for Democratic Process (FODEP), through its President Mwenda Mumbuna, reinforced the call for constitutional stability, advocating for an end to frequent constitutional reviews. FODEP emphasized the need for the UPND administration to establish a clear and comprehensive approach to constitutional reform, prioritizing governance reforms aimed at strengthening democratic participation and creating a level playing field for political parties. Key areas for reform, according to FODEP, include addressing the use of public resources by incumbents during elections and regulating the movement of politicians between political parties. FODEP also stressed the importance of activating Article 60(4), which provides for political parties to disclose their sources of funding, thereby strengthening accountability and transparency in political financing. The goal, FODEP stated, is to produce a constitutional framework that promotes free and fair elections, safeguards stakeholder participation, and addresses weaknesses exposed during previous electoral processes, rather than creating a cycle of repeated amendments.

Finally, the CSOs appealed to the international community not to remain silent, warning that inaction would be perceived as acquiescence. They urged regional and international bodies, including the African Commission on Human and Peoples’ Rights, the Commonwealth, SADC, and United Nations human rights mechanisms, to monitor developments closely and engage directly with the Zambian Government. As the world marked International Day of Democracy, the organisations collectively called on all Zambians of goodwill and all friends of Zambia abroad to stand for constitutionalism, due process, and the rule of law, while also urging an urgent de-escalation of the prevailing situation through careful reflection and dialogue.