State Opposes Bail for Former Spy Chief

Former Zambia Security Intelligence Service Director General and Liberal Democrats Party (LDP) presidential candidate Xavier Franklin Chungu has appeared before the Lusaka Magistrates’ Court for explanation of charges as legal proceedings against him continue ahead of the August 13 general election.

Mr Chungu is facing four counts relating to the communication of certain information, seditious practices and the disclosure of information to unauthorised persons. The alleged offences are said to have occurred on May 24, 2026, during his appearance on the That Zed Podcast.

When the matter came before Lusaka Chief Resident Magistrate Nthandose Chabala, the court informed Mr Chungu that his appearance was solely for the explanation of charges. Magistrate Chabala further stated that the matter would continue coming up for mention pending instructions from the Director of Public Prosecutions (DPP) regarding committal to the High Court.

During the proceedings, Deputy Chief State Advocate Mercy Lungu informed the court that the State was in possession of a certificate issued by the Director of Public Prosecutions denying the accused bail. The State maintained that the matter raises concerns relating to national security and public interest.

Defence lawyer Kennedy Mambwe challenged the position taken by the prosecution and applied for bail pending trial. He submitted that the grounds advanced for denying bail were vague and speculative and urged the court to exercise its discretion in favour of the accused.

Following submissions from both parties, Magistrate Chabala reserved ruling on the bail application and adjourned the matter to June 12, 2026, when the court is expected to determine whether Mr Chungu should be released pending trial.

The case has attracted considerable public attention because Mr Chungu is not only a former intelligence chief but also a presidential candidate in this year’s general election. His detention has placed a criminal case involving national security allegations alongside an active election campaign.

Calls for his release have come from supporters and political stakeholders who maintain that constitutional protections relating to personal liberty and access to bail should be respected while the matter proceeds through the courts. They contend that the legal process can continue while allowing him to prepare his defence outside custody, subject to any conditions imposed by the court.

The matter has also drawn the attention of the Mabumba Royal Establishment, which recently called for Mr Chungu’s release and expressed concern over his continued detention. The traditional leadership urged adherence to court processes and equal application of the law.

The proceedings are unfolding at a time when several election-related matters are before the courts, including petitions involving candidate eligibility, nomination disputes and electoral procedures. As a result, judicial decisions linked to the electoral process continue to attract public interest ahead of polling day.

For now, attention remains focused on the June 12 ruling, which will determine whether Mr Chungu remains in custody or is granted bail as the case moves through the judicial process.