Lusaka | July 13, 2026 – The Lusaka High Court has dismissed a renewed application for bail pending trial by Xavier Franklin Chikonkolo Chunga, a Presidential candidate facing charges under the State Security Act and Penal Code.

In a ruling delivered on July 10, 2026, High Court Judge, Honourable Mr. Justice L. Mwale, held that the Learned Director of Public Prosecutions’ Certificate of Denial of Bail, issued under Section 123(4) of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, leaves the Court with no discretion to admit the Applicant to bail.

Mr. Chunga’s legal troubles began after he appeared on a pre-recorded popular tell-all podcast known as the ThatZed Podcast, on May 24, 2026. The Episode was scheduled to air days later.

During the interview, he allegedly disclosed confidential information obtained through his official duties, a move that has proved costly.

On May 28, 2026, he was arrested and charged with seven counts of Communication of Certain Information under Section 4(1) of the State Security Act. He was also charged with three counts of Seditious Practices under the Penal Code and one count of Prohibition of Publication or Disclosure of Information to an Unauthorised Person under the Zambia Security Intelligence Services Act.

The podcast episode was later cancelled by the platform, which cited circumstances beyond its control.

Chunga was first arrested on May 28, 2026 and granted bail by the High Court on June 4, 2026. He was rearrested shortly after his release and charged with four offences:

• Communication of Certain Information under the State Security Act;
• Seditious Practices under the Penal Code;
• Two counts of Publication of Information to Unauthorised Persons under the Zambia Security Intelligence Services Act.

When he applied for bail before the Subordinate Court on June 8, 2026, the application was denied after the State presented a Certificate of Denial of Bail issued by the DPP.

Dissatisfied, Chunga renewed his application before the High Court, arguing that the Certificate of Denial of Bail was issued prematurely and before consent to prosecute was granted.

However, Justice Mwale found that the charge sheet was personally signed by the DPP, confirming that he had applied his mind to the matter. The Court further held that the DPP is not required to evidentially demonstrate the nature of the safety or interest of the public, he is merely required to certify that the safety or interests of the Republic would be prejudiced.

“The mandatory dictates of Section 123(4) of the Criminal Procedure Code divest this Court of the power to grant an accused person bail where the learned DPP issues a Certificate of Denial of Bail,” the Judge ruled.

In short the judgment states that the Court’s hands were tied and thus the application for bail pending trial was dismissed.

The ruling brings to the fore the weight that Section 123(4) of the Criminal Procedure Code carries in matters involving State security.

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