Zambian Political Storm: Mundubile & Makebi Zulu Face Militia Allegations and Legal Battle

The Apostles Council of Churches in Zambia has strongly urged the government to demonstrate wisdom and extend a hand of reconciliation to the opposition, emphasizing that such actions are crucial for achieving national unity and healing in the aftermath of the 2026 General Elections. Mwaona Zulu, Programmes Manager for the Apostles Council of Churches, expressed significant concern that the ongoing arrests and police summons issued to opposition figures could exacerbate existing divisions and undermine any genuine efforts toward national healing. In an interview with RCV News in Lusaka, Apostle Zulu underscored that mere calls for peace, unity, and national healing must be concretely supported by tangible actions from the country's political leadership. He warned that a failure to translate these calls for reconciliation into practical steps would severely impede the nation's ability to achieve meaningful healing following the elections, noting that arrests immediately after an election might signal an intent by the ruling party to silence opposition voices.

Apostle Zulu further stressed that true national healing is attainable only if political leaders prioritize forgiveness and reconciliation over any form of retaliation. He also called upon the opposition to exercise restraint and cooperate fully with investigative wings whenever they are summoned or called in for questioning. He highlighted that responsible conduct from both the government and the opposition is paramount to ensuring their supporters remain peaceful and that Zambia progresses towards unity post-elections.

In a related development concerning democratic processes and the rule of law, Article 101(4) of the Zambian constitution outlines the right to petition election results. This article explicitly states that "A PERSON may within 7 days of the declaration made under clause 2 (returning officer result announcement or declaration), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot." The key emphasis here is on the word “PERSON,” signifying that even an ordinary citizen, not just a political party president or alliance candidate, who is dissatisfied with the results, possesses the right to petition the election. In this context, candidates Brian Mundubile and his running mate Makebi Zulu have expressed their intentions to petition the elections, underscoring that the decision of any political entity, such as NRPUP or the Tonse-Pamodzi Alliance, to support or not support this petition bears no impact whatsoever on its validity.

Sampa Mwaume, known as The Chinsalian, appealed to President HH to soften his heart and perceive such an ordeal as a democratic competition that occurs every five years. He reminded that the president was elected in 2021 on the promise of respecting the rule of law, and citizens are entitled to demand this from their leaders. Mwaume advocated for going to court as a sure sign of a functional democracy and respect for the rule of law, which all well-meaning Zambians should support, rather than resorting to taking the law into their own hands. He recalled the 2016 presidential petition when President HH, as an aggrieved candidate, chose the democratic path of legal recourse instead of instructing followers to take to the streets, which ultimately brought closure to many issues. Mwaume concluded with a plea for politics to unite, not further divide, the nation, invoking God's blessings upon Zambia.

Meanwhile, Brian Mundubile has vehemently dismissed allegations of a "militia" as a "ruse," stating, "There was no militia, there never will be militia, I am not militia." This statement follows days after Mundubile openly rejected President Hakainde Hichilema’s re-election, alleging that the vote was rigged, a stance that aligns with his stated intention to petition the election results.

Amidst these political and legal discussions, it is crucial to understand the legal status of UN offices in Zambia. These offices are safeguarded by international law, to which Zambia has long been a signatory. This law stipulates that police cannot arbitrarily enter UN offices; they must first seek permission from the highest-ranking UN official. Therefore, police are prohibited from forceful entry as they might execute in a typical domestic setting. However, a critical aspect often overlooked is that UN offices are not designated as places of refuge. The UN strictly does not permit individuals to seek sanctuary there to evade police summons or arrest. If a non-UN worker attempts to hide in a UN office after being summoned by the police, the UN will not offer protection. Instead, the UN will instruct the individual to comply with the police summons. Should the individual refuse, the UN itself will contact the government and grant permission for the police to enter and apprehend them.

Ultimately, individuals cannot indefinitely remain within UN offices to avoid legal processes; they will eventually need to exit for daily necessities or court appearances, at which point police will be waiting to effect an arrest. Consequently, seeking refuge inside a UN office neither nullifies a police summons nor prevents an arrest. The most advisable course of action when summoned by the police is to comply and answer. Hiding in a UN office tends to foster public perception of guilt and can complicate an individual's legal situation further, reinforcing the calls for cooperation and responsible conduct by all parties involved in the nation's political landscape.