Rights group Chapter One Foundation (COF) said the seriousness of an offence does not justify prolonged detention without judicial oversight. The challenge to the State’s handling of the treason case comes as lawyers for the detained opposition leaders say prison officers blocked…

Rights group Chapter One Foundation (COF) said the seriousness of an offence does not justify prolonged detention without judicial oversight. The challenge to the State’s handling of the treason case comes as lawyers for the detained opposition leaders say prison officers blocked food sent by their families.

COF Executive Director Mr Josiah Kalala was responding to Director of Public Prosecutions Mr Gilbert Phiri. The DPP attributed delays in prosecuting cases to ongoing investigations and said complicated matters such as treason take time.

Mr Phiri has previously defended the pace of the case against Mr Brian Mundubile, Mr Makebi Zulu and others. He said investigators must gather witness statements, medical reports and other evidence before a fully supported case can go to court, and he cited the historic treason trial of Mr Edward Jack Shamwana as an example of how long such cases can take.

Mr Kalala’s position is that time spent investigating cannot be time spent in prison without a court overseeing the detention. The detainees have yet to appear before a court on the treason charge.

The question of how they are being treated in custody has now sharpened. Senior counsel Mr Sakwiba Sikota appealed to President Hakainde Hichilema to intervene after authorities at Mukobeko Maximum Security Correctional Facility in Kabwe allegedly blocked food meant for Mr Mundubile and 17 others.

Mr Sikota said the families sent the food to the prison through the Anglican Cathedral of the Holy Cross on Wednesday. He said it was confiscated at the gate without explanation and never reached the detainees, who include retired Anglican bishop Mr Trevor Mwamba.

“Visitors to the 18 detainees were turned away, with all food parcels seized by prison warders,” Mr Sikota said.

He described the seizure as inhumane, unconstitutional and politically motivated. “These are persons presumed innocent until proven guilty. Denying them food from their families is cruel and degrading. This is an embarrassment to the State,” he said.

Mr Sikota urged the President to order the Zambia Correctional Service (ZCS) to stop the practice. “The President said he would restore the rule of law. This is a test of that commitment,” he said. The ZCS had not responded to queries at the time of publication.

The length of detention varies across the group. Mr Mundubile and Mr Zulu had been held for 51 days without appearing before a court, and Lusaka businessman Mr Valden Harry Findlay for more than 68 days.

The detainees have petitioned the State over violations of their constitutional rights arising from detention without trial. The petition also cites the alleged torture of three detainees, Mr Brazil Soko, Mr Jackson Mutyoka and Mr Bernard Chanda Chewe. They were allegedly moved to Mwembeshi Correctional Facility and back on 7 September without their lawyers’ consent.

The food seizure is not the first dispute over meals. In September, Mr Sikota said Mr Mundubile and Mr Zulu had asked to receive food from outside the facility rather than eat what was prepared internally, a request prison authorities turned down.

The Law Association of Zambia has also called for the release of the detainees who have not been taken to court. Mr Mundubile and Mr Zulu were separately charged with seditious practices on 11 September.

The detainees are now looking to the courts. Their application seeking intervention over the prolonged detention is scheduled to be heard from 26 October to 6 November.