Political commentator Dennis Mutumba has demanded that Zambian authorities produce former Petauke Central MP Emmanuel 'Jay Jay' Banda before a court and show the nation he is alive, as unverified social media claims that the man has been shot dead spread panic across the country.
Speaking in a televised interview reported by LusakaTimes.com on 27 October, Mutumba said the State, which says it brought Banda back from Mozambique, owes Zambians a straight answer. Police say the former lawmaker is in custody awaiting a formal charge. No court appearance has confirmed his condition.
Zambians have a right to know, says Mutumba
Mutumba did not mince his words. He said most of the information circulating is coming from social media, including claims of heavy security around a mortuary, and none of it has been confirmed by any official source. That vacuum, he argued, is being filled by rumours that are burning through communities like a veld fire.
As Zambians, it's within our constitutional right to know the whereabouts of this man, Mutumba said.
He called on the authorities to end the speculation the only way that works: produce Banda and charge him without further delay.
Why not wait for the police to do their investigations and then give us a comprehensive statement to say JJ Banda is formally charged on such and such issues?
He also reminded the nation of how the death of Mutotwe Kafwaya was initially denied by those responsible for informing the public before it was later announced. That episode, he said, is exactly why many citizens no longer take official statements at face value. Trust is earned through openness, not through silence.
Why is the delay dragging on?
Mutumba questioned why charging Banda is taking so long when he already faces an offence of escaping from lawful custody. He pointed to President Hakainde Hichilema's own position that suspects should appear before a court within 48 hours of arrest.
He was careful to say he is not defending Banda's alleged conduct and expects the former MP to face the full force of the law. His concern is the professionalism and speed of the process.
I'm not saying that what JJ Banda was doing is right, but I'm looking at professionalism, the quickness of taking these matters so seriously, so that people who have committed serious offences can be taken to court.
A divided civil society
Not everyone agrees on how Banda was brought home. Amnesty International and 24 local and international civil society organisations have raised human rights concerns about his apprehension and transfer from Mozambique. A separate consortium of civil society groups argued this week that international law cannot shield a suspect from accountability, according to Diggers.
That same consortium is demanding that relevant authorities disclose how Banda found himself in critical condition at Maina Soko Military Hospital, saying it is government's duty to protect the life of every person in custody. Police confirmed on Friday that Banda had been apprehended and was in Zambia awaiting formal arrest and charges, as reported by the Zambian Observer.
Mutumba, for his part, said the State acted within domestic and international law in bringing Banda back. On that point he stands with the government, and against the human rights lobby.
The long road since 2024
Banda has spent much of the past two years before the courts. He was charged in June 2024 with aggravated robbery over the alleged theft of property worth K12,000 in 2015, a non-bailable offence he denies.
On the night of 4 August 2024, he escaped from Chipata General Hospital while under the guard of police and correctional officers. He was arrested in Harare three months later. He is now reported to face allegations of attempted murder and aggravated robbery following his apprehension in Mozambique.
What happens next?
Police have not publicly responded to the claims circulating on social media. Until Banda appears before a court, the questions raised by Mutumba will persist. A court appearance would settle the rumours about his condition and the debate about delay at the same time.
For the authorities, it is also the simplest way to show that the process is being handled by the book. Our courts, our laws, our sovereign process: that is how a nation of laws answers its people, not through silence.
FAQ
Where is Jay Jay Banda right now?
Police say he is in custody in Zambia awaiting a formal charge, following his reported transfer from Mozambique. No court appearance has yet confirmed his condition.
What charges does Jay Jay Banda face?
He already faces an offence of escaping from lawful custody in August 2024, and is reported to face allegations of attempted murder and aggravated robbery, in addition to a 2024 aggravated robbery charge he denies.
What has Dennis Mutumba demanded?
He has demanded proof of life and a formal charge, saying Zambians have a constitutional right to know Banda's whereabouts.