The UN Refugee Agency (UNHCR) says it is gravely concerned about reports of the forced return of Zimbabwean opposition politician and asylum-seeker Tendai Biti.

Mr Biti expressed the intention to seek asylum in Zambia at the border yesterday.

The UNHCR says the Zambian government handed over Mr Biti to his country of origin today despite a court order to the contrary.

“Refoulement or forcibly returning refugees and asylum-seekers to their country of origin is a serious violation of international refugee law,” a statement from the UNHCR said.

The UNHCR has since called on Zambia to investigate the incident urgently.

However, earlier today, Chief Government Spokesperson Dora Siliya said that Government had not abrogated the asylum laws by handing back Zimbabwe’s Movement Democratic Change Alliance (MDC), opposition co-leader Tendai Biti.

Ms. Siliya said that the action was within the law because Mr. Biti did not qualify for the asylum conditions.

Ms. Siliya, who is also Information and Broadcasting Minister, added that a person can only seek asylum if the country of origin is under massive violence and total breakdown of law and order, which was not in the case with Mr. Biti.

Ms. Siliya noted that the lives of citizens in Zimbabwe were not threatened and government concluded that it also applied to Mr. Biti, hence he did not qualify to be granted asylum in Zambia.

“The Zimbabwean MDC leader presented himself to the Zambian Authorities at Chirundu boarder post seeking asylum and was held at the boarder following consultations with government after the conclusions of the consultations particularly with Ministry of Home affairs it was deduced that he did not qualify for asylum” she said.

Ms. Siliya added that Mr. Biti has been handed back to the Zimbabwean authorities and NOT deported because he was NOT in Zambia illegally but he had been denied entry into the country and was being held at the boarder pending consultations.

“On the matter that he managed to get a court order against his handing back, he has been handed back to the Zimbabwean authorities I want to confirm that consultations in the office of Attorney General show that he had already been handed back to his Zimbabwean authorities when his court order was apparently granted “, she said.

Ms. Siliya was reacting to various stakeholders who have condemned the Zambian government for denying Mr. Biti asylum.

This was after the MDC co-leader was in the country to seek asylum after the Zimbabwean authorities were pursuing Mr. Biti on allegations of inciting violent protests in Harare during the just ended elections.

Chief Government Spokesperson Dora Siliya says Zambia denied MDC official Tendai Biti asylum because there is no breakdown of law and order in Zimbabwe.

Govt denied Tendai Biti asylum because no breakdown of law & order in Zimbabwe. Citizens lives not under threat reason no influx of asylum seekers. SADC said elections free and fair. Post election violence suspects (6 died) to appear before courts and is internal matter.

— Hon. Dora Siliya, MP (@Dora_Siliya) August 9, 2018

Ms. Siliya said that Mr. Biti’s request did not meet conditions for asylum as there was no breakdown of law and order in Zimbabwe in the aftermath of elections that saw the ZANU-PF’s Emerson Mnangagwa declared winner.

“Mr Tendai Biti presented himself to the Zambian authorities at the border in Chirundu and unlike any other Zimbabwean entering Zambia, he presented himself seeking asylum. He was held at the border following consultations with government and after the conclusion of consultations particularly with the Ministry of Home Affairs it was deduced that he did not qualify for asylum,” Siliya said.

“One can only seek asylum if their country of origin is under massive violence and there is total breakdown of law and order and indeed the lives of citizens there are threatened. In this case, it was concluded that did not apply to Mr Tendai Biti and has been handed back to the Zimbabwean authorities and not deported because he was not in Zambia illegally, he had been denied entry into Zambia. He was being held at the border pending consultations.”

She said, “On the matter he managed to get the court order, consultations with the office of the Attorney General show that he had already been handed back to the Zimbabwean authorities when this court order was apparently handed.”

Siliya added: “In this case he was just handed back to the Zimbabwean authorities.”

She said, “On the matter he managed to get the court order, consultations with the office of the Attorney General show that he had already been handed back to the Zimbabwean authorities when this court order was apparently handed.”

Ms. Siliya says the court order restraining Zambian authorities handing over Mr. Biti to the Zimbabwean authorities was served after he had already been surrendered.

Mr. Biti had been detained at the Chirundu Border Post after attempting to seek asylum in Zambia following an arrest warrant issued by the Zimbabwean authorities.

Ms. Siliya’s assertions that there is no breakdown of the law flies straight in the face of the US government which has stated through its Assistant Secretary for U.S. Department of State’s Bureau of African Affairs that “We are deeply troubled by credible reports that opposition supporters are being targeted by members of the Zimbabwean security forces.”

The opposition UPND has adopted Dr. Faustin Banda as its candidate in the forthcoming Kasenengwa Parliamentary election slated for September 6th,2018.

Announcing Dr Banda’s candidature,UPND Deputy Secretary-General for politics Patrick Mucheleka says the candidate was adopted after a vigorous process at all levels of the party and was confident of the choice.

Mr.Mucheleka said the party was confident of performing well in the election as it has adopted a viable candidate who is not only a native of Kasenengwa but understands the challenges the people were faced with.

He further appealed for a violent free election to allow for a huge voter turnout unlike the trend in the past elections characterised by apathy.

And Dr Banda prayed for a violence free election as the people of Kasenengwa were naturally peaceful people.

Dr Banda, an Engineer by profession is currently the Acting Head of the Department of Geomatic Engineering at the University of Zambia.

The Kasenengwa seat fell vacant following the death of Victoria Kalima.

Dr Banda contested the same seat in the 2016 poll and amassed 1,371 votes losing to eventual winner Ms. Kalima of the PF who had 12,494 votes.

Meanwhile, Only two political parties have so far expressed interest to contest in the Shikombwe Ward by-election in Mangango constituency in Kaoma district, Western Province.

The two political parties are the Patriotic Front (PF) and United Party for National Development (UPND).

And the District Electoral Officer Namukolo Kalufwanya who is also Kaoma Town Council Secretary has confirmed having received notification from the two political parties.

Mrs Kalufwanya disclosed to ZANIS in an interview that the two candidates will file in their nominations tomorrow, Thursday August 9, 2018.

She explained that her office does not expect any political party to conduct any campaigns until the candidates have successfully filled in their nominations, after 15:00 hours tomorrow.

Meanwhile Acting PF District Chairman Kelvin Kalimbwe confirmed his party’s participation in the by-election but could not disclose the name of the candidate.

And UPND District Chairman Andrew Kakumbi also confirmed his party’s participation in the by-election but also withheld the name of the candidate.

The UPND candidate is expected to file in his nomination between 10:00 and 11:00 hours, while his PF counterpart will file his nomination between 14:00 and 15:00 hours.

The two political parties have since pledged to conduct their campaigns in a peaceful manner.

The Shikombwe Ward by-election fell vacant following the resignation of UPND Councilor Kalenga’s Kalenga, who joined the PF.

The Zambian Government has handed over opposition MDC senior official Tendai Biti to the Zimbabwean authority in total disregard of a High Court Order granted to Mr Biti last night.

According to Mr Biti’s legal team, the Zambian immigration office handed the opposition leader at 06:00hrs this morning via Chirundu despite being served with a court order at 04:00 Hours today.

“Contrary to the law and a Court order. And even assuming it was a deportation, which it was not, the law is clear that a deportee can choose a country of his choice to which he can be deported but in this case he was denied that right”.

“The whole thing just smells of illegality and extra judicial behavior by Zambian authorities. It is also a breach of international law”, the legal team said.

Mr. Biti was accompanied across the border by a horde of heavily armed Zambian police officers and the legal team is currently making frantic efforts to establish his exact whereabouts.

Meanwhile,the legal team is expected to appear before Judge Pixie Yangailo in the wake of the latest developments.

Mr Biti was represented by Keith Mweemba, Gilbert Phiri and Mulambo Haimbe.

According to the court order, Mr. Biti was expected to appear for an ex-parte hearing before Judge Yangailo in a matter in which he is challenging the decision by the Government of the Republic of Zambia to deny him leave to apply for refugee status in Zambia.

According to the court documents signed by High Court Judge in Charge Gertrude Chawatama, Mr Biti was to appear in the company of his legal team comprising Keith Mweemba and Associates,Gilbert Phiri of PNP and Malambo and Associates this morning at 08:00hrs.

Mr Biti who was arrested and detained at Chirundu border post on insitigation of Zimbabwean intelligence operatives has challenged the decision to have him sent back to Harare to answer charges of inciting violence in the aftermath of that country’s General elections.

He has cited the Attorney General as the first respondent.

Foreign Affairs Minister Joe Malanji yesterday revealed that the Zambian government cannot confer asylum status on Mr Biti as his grounds were not meritorious hence will be sent back to Zimbabwe.

This in clear violation of the Zambian Refugee law as well as the 1951 convention on the rights of persons seeking refugee status.

Meanwhile, The US Government has strongly urged the Zambian government to allow Zimbabwean opposition leader Tendai Biti to remain in Zambia until his asylum request can be appropriately evaluated.

Assistant Secretary for US Department of State’s Bureau of African Affairs Tibor Nagy stated that Zambia should as an option to allow Mr Biti safe passage to another country, consistent with its international obligations.

Zambia’s Foreign Affairs Minister Joe Malanji yesterday confirmed that Zambia had turned down an asylum request from Mr Biti and was readying to hand him over to Zimbabwe authorities after he was detained at Chirundu boarder.

“I strongly urge Zambia to allow Mr. Biti to remain in Zambia until his asylum request can be appropriately evaluated, or to allow him safe passage to another country, consistent with its international obligations,” Mr Nagy.

Mr Nagy added, “We understand that Mr. Biti has legitimate concerns about his own safety and is currently in the custody of Zambian authorities.”

Mr Nagy said he has been in contact with the US Embassies in Harare and Lusaka and that the Department of State is deeply troubled by credible reports that opposition supporters are being targeted by members of the Zimbabwean security forces, which has led Mr. Biti to seek safe haven in Zambia

Meanwhile, U.S. Senator Chris Coons, a member of the Senate Foreign Relations Committee, says he is deeply concerned over reports of violent government-sponsored attacks in Zimbabwe since the elections on July 30.

“I am watching the situation in Zimbabwe very closely, and I am concerned about reports of arbitrary arrests, detentions, and government-sponsored violence. These tactics have no place in a democracy, and the government must ensure they stop immediately.”

“Any disagreements over last month’s election should be dealt with through fair and open investigations, hearings, and legal processes. I am particularly alarmed to hear that members of the MDC alliance have been detained by government-backed security forces.

Senator Coons said reports of the detention of Tendai Biti at the Zambian border are especially unnerving.

He charged that the U.S. Senate will hold the government of Zimbabwe responsible for ensuring Mr. Biti and other detainees are not harmed in any way.

“I also call upon the Trump Administration, the U.S. State Department, the governments of Zimbabwe, Zambia and other regional actors to stand against politically motivated arrests and to support and promote the rule of law.”

The people of Zimbabwe have suffered through such tactics of repression and intimidation for decades. Last month’s election was supposed to offer them something different. It is not too late for the leaders of Zimbabwe to restore the sense of hope and fairness that its people deserve.”

The Action for Community Action and other CSOs have written to the Chief Justice Irene Mambilima over PF Media Director Sunday Chanda’s statement on the Judiciary and Magistrate Exnorbit Zulu.

The NGO’s feel Mr Chanda over stepped his limit when he issued a statement condemning Magistrate Zulu’s order that State House aide Silon Miti be arrested over his links to the Kapoko court case.

“We write to bring to your attention the captioned subject. Following the Supreme Court of Zambia’s recent citing of Chikondi Foundation President, Bishop John H Mambo, and Mr Gregory Chifire for contempt of court for commenting on a court judgment in the matter of Savenda Management Services Vs Stanbic Bank Limited, a matter that had been duly disposed of, we the undersigned civil society organisations and civic actors are of the view that a precedent has been set in which individuals who comment on matters that have been disposed of, or in court, will be cited for contempt of court,” read part of the letter.

“While we, as CSOs, have always been of the view that once a case is disposed of, it is no longer subjudice and therefore those who comment on it are not in contempt of court, we are convinced that the direction the highest court in the land has taken in the Savenda Management Services vs. Stanbic Bank Limited case must be seen to be applied fairly until clarity on what constitutes contempt of court is achieved,” they stated.

“The statement we bring to your attention attacks the judgment delivered on the Henry Kapoko case by Magistrate Zulu and the Magistrate himself. In the interest of fair play, we the undersigned civil society organisations do therefore request your office to investigate this statement for possible contempt of court by Sunday C. Chanda, Media Director of the Patriotic Front.”

Meanwhile, the Zambia National Students Union (ZANASU), an umbrella body of all students union in Zambia, has expressed concern that the order by Choma-based magistrate, Exnorbit Zulu, to arrest of Dr. Simon Miti, is suggestive the court may have pronounced him guilty of corruption without having been heard.

ZANASU President, Misheck Kakonde, said the students’ umbrella body which subscribes to the legal principle that judicial officers “must not descend into the arena” by taking sides in matters of litigation or engage into the messier parts of the courtroom debate require support of the public in adjudication of cases of corruption but must do so with fairness to both the accusers and the accused.

“The High Court of Zambia, in the 1973 case of Moses Mwenya vs the People where a magistrate directed clerk of the court to investigate the matter and to report his findings back to the magistrate, guided that ‘it is of little consequence that the magistrate in actual fact conducted the trial fairly and justly so long as right-minded people thought or might have thought that the trial magistrate on account of what went wrong prior to the commencement of the proceedings would be partial in the matter,’ ” said Mr. Kakonde

He said the magistrate took upon himself the position of an accuser or alleger in a criminal matter by ordering of the arrest and trial of a state witness, which role is a preserve of the State through office of the Director of Public Prosecution (DPP).

“It is clear that Dr. Miti and any other person may not receive fair trial before the court when the court itself is one deciding who must be brought before it to answer criminal charges,” said Mr. Kakonde

The ZANASU Chief said the students’ body will continue to advocate for fair treatment of all persons and clear separation of powers among all arms of government.

“Those who are tasked to take persons before the court must be allowed to independently do their job and the courts that are tasked to dispense justice must be encouraged to dispense justice both for the accuser and the accused, without taking sides,” he said.