Lusaka – Twenty-four civil society organisations and human rights defenders have called on Zambia and Mozambique to explain the legal basis for the apprehension of opposition politician Emmanuel Jay Banda in Mozambique and his subsequent transfer to Zambia.

In a joint statement, the groups expressed concern over what they described as a lack of transparency surrounding the cross-border operation, stressing that even individuals accused of crimes are entitled to due process.

They also raised concerns over reports that Banda was in critical condition at Maina Soko Military Hospital in Lusaka.

The signatories include Caritas Zambia, Chapter One Foundation, the Human Rights Institute of South Africa, DITSHWANELO – The Botswana Centre for Human Rights, the Tanzania Human Rights Defenders Coalition and Lawyers Rapid Response Group Africa, as well as lawyers and activists from Zambia, Zimbabwe, Mozambique, Angola and Tanzania.

The statement noted that Banda had previously been charged with attempted murder and aggravated robbery before fleeing Zambia and becoming a fugitive.

The organisations said they did not condone the language used in his online videos, which they described as vulgar and potentially criminal in parts, but maintained that the allegations against him did not exempt either government from complying with the law.

“If a suspect is outside the country, the authorities must use lawful channels such as extradition and mutual legal assistance,” the statement said.

“A suspect apprehended outside these channels is a victim of lawlessness, whatever he is alleged to have done.”

The groups clarified that they were not declaring Banda’s apprehension unlawful but were seeking assurances that the appropriate legal procedures had been followed.

They also backed Amnesty International’s call for both governments to clarify the circumstances surrounding his apprehension and transfer.

They urged the authorities to disclose Banda’s medical condition, ensure he receives appropriate treatment, including access to doctors of his choice, and grant him immediate and unrestricted access to his family and lawyers.

The organisations further called for an independent investigation into the circumstances of his apprehension, transfer and treatment.

They said Banda should be brought promptly before a competent court if charges are to be pursued, adding that any prosecution must be fair and free from political interference.

The statement also linked the case to an incident in September, when the groups said the Zambian government cancelled the passports of six government critics without following procedures that allow affected citizens to be heard before such decisions are made.

Taken together, the two incidents, they argued, “point to the selective and non-transparent use of state power.”

The organisations called on the African Union, the Southern African Development Community (SADC), the United Nations and Zambia’s development partners to press the two governments to uphold their obligations under regional and international human rights law.

They also reminded Zambia that its election to the United Nations Human Rights Council carries “greater duties and responsibilities to uphold human rights at home”.