HIGH COURT DENIES XAVIER CHUNGU BAIL AGAIN
By Nelson Zulu
High Court Judge Lameck Mwale has declined to grant bail to former Zambia Security Intelligence Service Director-General Xavier Chungu, after he renewed his bail application.
In a ruling dated 10th July 2026 and delivered in chambers, Judge Mwale said Mr. Chungu is facing charges of communication of certain information under the state security act, seditious practices, and two counts of publication or disclosure of information to unauthorized persons under the Zambia Security Intelligence Services Act.
The judge noted that while the high court has power to grant bail under section 123(3) of the Criminal Procedure Code, that discretion is limited by section 123(4), which bars bail where the Director of Public Prosecutions certifies that the safety or interests of the republic would be prejudiced.
Judge Mwale found that the charge sheet before the subordinate court was personally signed by Director of Public Prosecutions Gilbert Phiri, and that the certificate denying bail was valid.
He dismissed arguments that the certificate had been issued prematurely or before the wrong court and held that with the certificate in place, the court had no discretion to admit Mr. Chungu to bail, and therefore declined the renewed application.
Mr. Chungu has been in detention since 28th may 2026 following the subordinate court’s earlier decline to grant him bail on 12th juke 2026, stating it had no jurisdiction to do so after the DPP issued a certificate denying bail.
PHOENIX NEWS