Mwamba Petitions Africa Bar Association Over Alleged Judicial Collusion
Opposition figure Emmanuel Mwamba has formally written to the Africa Bar Association alleging that Zambia’s Judiciary is colluding with the Executive in a manner that undermines judicial independence, democratic governance, and the rule of law.
In the letter addressed to AfBA President High Chief Ibrahim Eddy Mark and dated January 30, 2026, Mwamba names Chief Justice Mumba Malila as the principal focus of his complaint, citing the Chief Justice’s constitutional role as head of the Judiciary. Mwamba contends that Malila has failed to safeguard the separation of powers, arguing that the Judiciary has not remained co-equal and independent from the Executive as required under the Constitution.
The correspondence frames Zambia as historically peaceful and democratic, pointing to past electoral transitions, while asserting that developments since 2021 have placed that record at risk. Mwamba references concerns raised by international and domestic institutions, including human rights bodies, church organisations, and professional associations, which he says have warned of shrinking democratic space and weakened institutional independence.
According to the letter, Mwamba alleges that the Judiciary has failed to protect decisional independence, describing a climate in which judges are purportedly unable to render decisions free from external pressure or fear of reprisal. He further claims that judicial processes involving opposition figures have been characterised by delays, transfers of magistrates, and outcomes that disadvantage political opponents.
A significant portion of the complaint centres on litigation affecting the Patriotic Front (PF), Mwamba’s party. He alleges that actions taken through the Registrar of Societies, Parliament, and the courts altered PF leadership structures and parliamentary positions in ways that favoured the ruling party. He contends that attempts to challenge these developments through the courts were frustrated by procedural delays and judicial conduct that, in his view, impeded effective remedies.
Mwamba also raises concerns over the dismissal of three Constitutional Court judges in 2023, linking those removals to proceedings concerning the eligibility of former president Edgar Chagwa Lungu to contest future elections. He refers to the Constitutional Court case of Michelo Chizombe v. Edgar Chagwa Lungu and Others (2023/CCZ/0021), which resulted in a ruling that barred Lungu from standing in subsequent presidential elections. Mwamba argues that the decision marked a departure from prior court positions and had immediate implications for opposition participation ahead of the 2026 general elections.
In the letter, Mwamba further criticises a range of government actions, including the enactment of cyber security legislation that he says restricts freedom of expression, the continued application of the Public Order Act, and what he describes as selective enforcement against opposition members. He also questions the neutrality of public media coverage and raises concerns about the composition and independence of electoral management bodies.
The letter outlines a series of conditions Mwamba says are necessary to ensure credible elections, including full participation of opposition parties, protection of fundamental freedoms, impartial institutions, equal access to public media, and enhanced voter education. He urges AfBA to take a “keen interest” in Zambia’s situation, warning that unresolved issues could threaten peace, security, and democratic stability.
The Africa Bar Association describes itself as a continental body that represents the legal profession in Africa, with a mandate focused on the rule of law, judicial independence, and human rights. Mwamba’s complaint asks the association to consider his allegations within that mandate.
The letter concludes with Mwamba signing in his capacity as Chairperson of Information and Publicity and Member of the Central Committee of the Patriotic Front, and is presented as a formal appeal for regional legal attention to Zambia’s judicial and constitutional environment.
Click here LETTER TO AFRICA BAR 6

