Sureties Ordered to Pay K50,000 Each as Mwamba Skips Court in Shutdown Case

Zambia: Sureties Ordered to Pay K50,000 Each as Mwamba Skips Court in Shutdown Case

LUSAKA — The Lusaka Magistrate’s Court has directed two Members of Parliament to each pay K50,000 after failing to ensure the appearance of Patriotic Front Chairperson for Information and Publicity Emmanuel Mwamba in a case involving seditious practices. The court warned that failure to comply within 48 hours could result in contempt of court charges and possible imprisonment.

This case has drawn significant attention in Zambia, highlighting the legal responsibilities of public officials.

Magistrate Mbuywana Naiza Sinvula issued the order against Bangweulu MP Anthony Kasandwe and Chinsali MP Andrew Mukosa, who had stood as sureties for Mwamba’s bail. The directive follows Mwamba’s repeated absences from scheduled court proceedings. A bench warrant has since been issued for his arrest.

Mwamba faces charges stemming from a Facebook post published on November 4, 2023. The State alleges the post was likely to incite disaffection against the administration of justice in Zambia and had the potential to provoke violence or actions prejudicial to public order. The post called for mass protests and a national shutdown in response to Matero MP Miles Sampa’s declaration of himself as PF president.

Mwamba maintained that his call for public action was a lawful exercise of democratic rights. In a statement, he said: “We have noted statements from State House and from the Zambia Police responding to our call for mass actions and promoting a day of national shut down in order for Zambians to protect the Constitution, Democracy and the Rule of Law.”

He argued that such expressions fell within the bounds of freedom of speech. However, the court has treated the matter as a criminal offence under provisions related to seditious practices.

Kasandwe and Mukosa entered into a recognisance agreement when Mwamba was granted bail, pledging to guarantee his attendance at all court sessions. Magistrate Sinvula ruled they had breached that obligation by failing to produce him or explain his absence.

The K50,000 forfeiture per surety is a standard enforcement measure under Zambia’s criminal procedure when bail conditions are violated. The funds are payable to the state unless Mwamba voluntarily surrenders before the deadline, which the court has not indicated would reverse the penalty.

As of Monday, December 8, 2025, Mwamba remains at large. The Zambia Police have not disclosed whether active efforts are underway to execute the bench warrant.

Parliament has not issued a statement regarding the conduct of its two members implicated as defaulting sureties. The Patriotic Front has also not released an official comment on Mwamba’s absence or the court’s ruling.

This case underscores the legal risks associated with using social media to mobilise mass civil disobedience, even when framed as a defence of constitutional principles. The prosecution’s continued pursuit of the charge signals the state’s position that calls for national shutdowns may cross into prohibited speech under current law.

The matter remains pending before the Lusaka Magistrate’s Court.