….DEMANDS DUE PROCESS
Former Finance Minister and veteran politician Dr. Katele Kalumba has raised serious constitutional concerns over the treatment of former Zambia Security Intelligence Service (ZSIS) Director-General Xavier Franklin Chungu, warning that the matter goes beyond one individual and strikes at the heart of Zambia’s democracy, constitutionalism and electoral integrity.
In a detailed statement issued from what he termed “the desk of Dr. Katele Kalumba, Natende Wa Lushiba,” the former policymaker and founding member of the MMD questioned the legality and fairness surrounding the arrest and prosecution of Chungu, who is also a duly nominated presidential candidate in the August 13, 2026 general elections.
Dr. Kalumba said the nation must confront fundamental constitutional questions regarding whether a retired intelligence chief can be barred from seeking public office and whether national security laws are being applied fairly.
“This matter is bigger than one candidate. It goes to the heart of whether Zambia remains governed by the Constitution, the rule of law and fair electoral competition,” Dr. Kalumba stated.
The veteran politician argued that there is no publicly known provision under the Zambia Security Intelligence Service Act that permanently bars a retired Director-General from contesting elections.
According to Dr. Kalumba, eligibility for the presidency is determined by the Constitution and not by administrative decisions or assumptions arising from previous public service.
He noted that once a candidate has satisfied constitutional requirements and has been duly nominated by the Electoral Commission of Zambia (ECZ), there exists a strong presumption that the candidate is eligible unless a court of competent jurisdiction rules otherwise.
Dr. Kalumba further argued that retired intelligence officers retain constitutional rights, including freedom of expression and participation in public affairs.
He said democratic societies distinguish between disclosure of classified intelligence information and participation in public debate on governance, national security, development, corruption and constitutional matters.
“A duly nominated candidate does not lose the right to speak, campaign, grant interviews or engage the public simply because he once held public office,” he said.
The former Finance Minister also questioned the role of electoral institutions in the matter.
He stressed that the Electoral Commission of Zambia is expected to operate independently and that once nominations have been accepted, the removal of a candidate must follow lawful constitutional and judicial procedures.
Dr. Kalumba warned against any perception that political competitors could be removed through executive influence, security allegations or administrative pressure rather than transparent court processes.
“Any attempt to remove political competitors through executive influence, security allegations or administrative pressure rather than transparent judicial proceedings undermines confidence in the integrity of elections,” he stated.
He also expressed concern over the use of espionage charges against Chungu, describing espionage as one of the gravest offences known to law which requires the highest standards of evidence and judicial scrutiny.
Dr. Kalumba argued that allegations of espionage must be supported by specific particulars, credible evidence and strict adherence to due process.
“If evidence exists, it should be presented before the courts and tested according to law. If evidence does not exist, then the continued use of espionage allegations risks creating the appearance of political intimidation rather than legitimate law enforcement,” he said.
The former minister further cautioned that national security laws must never become instruments for managing electoral competition.
He said democracy depends not only on what happens on polling day but also on whether all candidates are allowed to campaign freely and fairly before elections.
According to Dr. Kalumba, opposition candidates should enjoy equal access to public platforms, media opportunities and civic engagement without discrimination.
“When citizens perceive that one side enjoys unrestricted freedom while the other faces disproportionate restrictions, confidence in democratic institutions begins to erode,” he warned.
Dr. Kalumba concluded by calling for either the public presentation of evidence against Chungu or his release, insisting that the rule of law must prevail over political convenience.
“If there is credible evidence that Mr. Xavier Franklin Chungu committed espionage, let that evidence be presented openly before the courts and subjected to the scrutiny required by law. If such evidence cannot be produced, then he should be allowed to enjoy the same constitutional rights afforded to every duly nominated presidential candidate.”
He added that Zambia’s future stability depends not merely on who wins elections but on whether national institutions remain credible, impartial and faithful to the Constitution.
“The rule of law must prevail over political convenience. Publish the evidence or release him,” Dr. Kalumba stated.
Chungu, who served as Director-General of the Office of the President under the late President Frederick Chiluba, is among the presidential candidates seeking to contest the August 2026 elections. His recent arrest and prosecution under national security-related allegations have generated significant public and political debate, with supporters arguing that due process must be observed while critics insist that the law should take its course regardless of political status.