The Lusaka High Court has dismissed a renewed bail application filed by former Zambia Security Intelligence Service director-general Xavier Chungu, ruling that once the Director of Public Prosecutions issues a certificate denying bail on national interest grounds, the court has no discretion to overturn it.
Chungu approached the High Court after a subordinate court had already declined to release him following the DPP’s certificate, which stated that his release would prejudice the safety and interests of the Republic. He is facing charges including communication of certain information, seditious practices, and two counts of publication or disclosure of information to an unauthorised person.
In dismissing the application, Justice Limbani cited precedent from the Sedrick Kapasa Kasanda case, noting that the DPP is not required to produce evidence demonstrating how national safety or public interest would be prejudiced, only to certify that such prejudice exists. The ruling reinforces the legal effect of Section 123(4) of the Criminal Procedure Code, under which courts are bound by a DPP certificate denying bail on national interest grounds.
Chungu remains in custody and is awaiting committal to the High Court for plea and trial. The case has drawn public attention given his former role at the helm of Zambia’s intelligence service and the nature of the allegations, which relate to intelligence operations and regional political engagements.
Sources: Lusaka Times — Ex-ZSIS boss Chungu denied bail again | News Diggers — Court denies Chungu renewed bail application
