Detained ZNBC journalist, Mukuka, begs court to intervene over alleged illegal detention

ZNBC journalist, MacPherson Mukuka, has asked the Lusaka High Court to intervene, arguing that his continued detention by police without being taken before court or granted police bond violates his constitutional rights and personal liberty. Mukuka, 37, has filed an ex parte originating summons seeking leave to issue a writ of habeas corpus ad subjiciendum, compelling the State to justify his continued detention or secure his immediate release. In an affidavit filed through Malisa & Partners, Mukuka states that he was picked up on July 17, 2026, by police officer Michael Ilishebo and other officers from his workplace at the Zambia National Broadcasting Corporation (ZNBC) before being taken to Police Headquarters.

He told the court that police later transferred him to Kabwata Police Station after confiscating his laptop, two smartphones, wristwatch and work identity card without issuing any documentation acknowledging the seized items. Mukuka stated that upon arrival at Kabwata Police Station, Ilishebo informed him that he was being detained for investigative purposes. According to the affidavit, police recorded a warn-and-caution statement from him on July 21 before formally arresting and charging him with recording a private conversation without prior notice or consent, contrary to Section 10 of the Cyber Crimes Act.

Mukuka argued that the offence is bailable and that he has a fixed place of abode and is able to provide credible and traceable sureties. However, he alleged that despite repeatedly applying for police bond, officers declined his requests, informing him that they were awaiting instructions from “the relevant authorities.” “As at 23 July 2026 I have been in custody for six days, four of which without a charge, and after the charge I have neither been taken to court nor have I been granted police bond and I remain in custody,” Mukuka stated in his affidavit. He argued that his continued detention beyond the period permitted by law “gravely violates my fundamental rights and puts my health in jeopardy,” adding that the detention appears indefinite and has left him fearing for his life because of the conditions under which he is being held.

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Mukuka maintains that his detention is unlawful and has asked the High Court to issue a writ of habeas corpus, directing the respondents to show cause why he should not be released immediately. The journalist is accused of recording a private meeting without notifying those present before allegedly publishing the audio on the Earth Television Zambia Facebook page. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.

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