The United Nations (UN), the Southern African Development Community (SADC), the African Union (AU) and church mother bodies have engaged the Government in efforts to find a resolution to the treason charges facing former opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 others.
Lawyer Milner Katolo said the involvement of the various organisations could provide an opportunity for dialogue and national healing following the August 13 general election.
The 18 suspects were transferred to Mukobeko Maximum Security Prison in Kabwe on Sunday, where they remain in custody awaiting their appearance before court.
Speaking in an interview on Wednesday, Mr Katolo said the country had reached a point where political differences arising from the election should give way to reconciliation and dialogue.
“Elections have come, elections have gone and inaugurations have come, inaugurations have gone. It is now time to heal the nation from whatever divisions that might have been occasioned on account of the election, and this includes the voice of Zambia,” he said.
Mr Katolo said church mother bodies, the UN, SADC and the AU had all shown interest in the matter and could help bring the two sides together to find an amicable solution.
“So both parties must find it in their heart to have discussions for now so that we heal and move forward as one united nation,” he said.
He said the matter should be approached as an issue of national reconciliation because it arose directly from the electoral process.
Mr Katolo also drew a parallel with the treason case faced by President Hakainde Hichilema in 2017, when he was in opposition.
He recalled that the Commonwealth, through its then secretary general Patricia Scotland, played a role in efforts that eventually led to the resolution of that case.
“He was kept at Mukobeko and we recall very well the role that the Commonwealth played through the secretary general, Patricia Scotland, and it resulted in the resolution of this matter,” Mr Katolo said.
A nolle prosequi was eventually entered in Mr Hichilema’s case, bringing the matter to an end.
Mr Katolo said the present case was, however, at an earlier stage because although the 18 suspects had been charged, the matter had not yet been presented before court.
“In the case of the 18, we are alive to the fact that the charges have been levelled but the matter has not even been presented to court, yet giving a very nice setting in which parties can talk to each other freely, mutually, for the benefit of mother Zambia,” he said.
He said it was important for Zambia’s democracy to develop without citizens becoming fearful that participating in an electoral process could result in a treason charge.
“So we hope that church mother bodies will be able to push this agenda and then see how far it goes. It must be a proper give and take from both sides for the sake of Zambia,” he said.
Mr Katolo further appealed for political supporters to be allowed to live together peacefully despite belonging to different political camps.
“Each of the sides had its own supporters, those supporters live in communities, they must not live like enemies, they must live like family. And it’s only the leaders that can help them continue to live as a united family and our motto of ‘One Zambia, One Nation’,” he said.
Mr Katolo also gave an account of the events surrounding the charging of the 18 suspects at Central Police Station in Lusaka on Saturday.
He said the process was tense from the beginning, with lawyers initially being denied access to their clients when they arrived at the police station at about 10:00 hours.
“On Saturday, that was the day they were charged. In the morning, the Central Police was sealed. We went at 10:00 and we were told there was an operation going on and no one was being allowed, and we should come after one hour, 30 minutes. But after an hour and 30 minutes, we had access to our clients,” he said.
Mr Katolo said the lawyers remained with the accused for most of the day until the charging process was completed at about 17:00 hours.
“We spent almost the whole day with them there until about 17:00 hours, when the whole process of arrest was completed,” he said.
He added that police public relations officer Godfrey Chilabi later intervened following reports that lawyers had been prevented from accessing their clients.
Mr Katolo also addressed concerns over access to Mr Mundubile and Mr Zulu following their transfer to Mukobeko Maximum Security Prison.
He said family members were allowed to visit the two suspects between Sunday and Tuesday, while lawyers only gained access to them on Wednesday.
“No, because they are all at Mukobeko now, but members of the family are being allowed to see them. Other lawyers were seeing them today, but between Sunday, when they were taken to Mukobeko, and Tuesday, no one was allowed to see them,” he said.
Asked whether formal talks involving the church and other organisations had already commenced, Mr Katolo said he could not comment definitively because his role was limited to representing one of the 18 accused.
“In all this matter, I have made it clear from the start that I only have one client, and that client is Mr Harry Findlay. The other 17 are represented by other lawyers, but I was only speaking because the other lawyers authorised me, because of having been the senior most on the team. So I cannot competently comment on them,” he said.
Mr Katolo said his understanding of the wider engagement was largely based on reports in the public media indicating that the UN and church mother bodies had become involved before the matter was handed over for further discussions.
“What I know is what was in the public media, where the United Nations were involved, the church mother bodies, and they handed over the two, and so we can now pick it up from there,” he said.
The 18 accused remain in custody at Mukobeko, with their court appearance yet to be scheduled.
The outcome of any discussions between the Government, the church and other stakeholders could have a significant bearing on the treason case as well as the broader political atmosphere following the election.
For Mr Katolo, however, the immediate priority is reconciliation and ensuring that political differences do not permanently divide communities.
With the election and inauguration now behind the country, he believes the focus should shift towards healing the divisions that emerged during the electoral period and restoring the spirit of “One Zambia, One Nation.”