The Government has called on clergy facing serious legal or ethical allegations to consider stepping aside while the courts establish the facts. Catholic Church-aligned lawmakers have separately urged Lusaka Archbishop Alick Banda to withdraw temporarily from pastoral duties while he answers criminal charges.
Archbishop Banda was arrested on September 28 and charged by the Drug Enforcement Commission with possession of property reasonably suspected to have been unlawfully obtained. He is defending himself before the courts.
Ministry of Information and Media permanent secretary Mr Thabo Kawana set out the Government’s position in a statement that named no cleric. He said the Government remained firmly committed to the rule of law and to the constitutional principle that no person is above the law, regardless of position, status, profession or religious office.
Applying that principle, he said, depends on being clear about who actually stands accused when a priest appears in court. “It is important, however, that we make a clear distinction between a church as an institution and individual members of the clergy,” Mr Kawana said.
He described the Church as “a respected faith community with a long history of spiritual guidance, social service and national contribution.” Clerics, by contrast, are citizens who are personally accountable for their conduct under the law.
On that basis, court action against a priest should not be read as action against the faith he serves. “A case concerning an individual cleric is exactly that: a matter concerning an individual, not an attack on a denomination, a faith community or the Church as an institution,” the permanent secretary said.
He then turned to what accused clergy should do. As a matter of good governance and institutional integrity, he said, clerics facing serious allegations should consider stepping aside, taking leave or, where appropriate, relinquishing their responsibilities while competent authorities establish the facts. “This is not a new or unusual principle,” he added.
Mr Kawana pointed to clerics from different Christian traditions and other faith communities around the world who had voluntarily stepped aside during investigations. Religious institutions had also placed affected clerics on administrative leave, suspended their ministerial duties or accepted temporary resignations pending judicial or disciplinary outcomes.
None of these measures amounts to a declaration of guilt, he said. Their purpose is to protect the integrity of the offices concerned, safeguard public confidence and let due process proceed without the perception that an entire institution is on trial.
“The matter before the courts should remain a matter concerning the individual concerned, while the institution continues its mission and responsibilities unhindered,” Mr Kawana said. He cited examples from the Catholic, Anglican and evangelical traditions as evidence that the approach is widely recognised as a responsible way to protect both individual rights and institutional reputation.
Lawmakers who share the Archbishop’s faith have taken a similar view. Kazungula North MP Dr Clement Andeleki, nominated MP Mr Noel Nkoma and Rufunsa MP Ms Sheal Mulyata said the senior cleric should take leave from his position while he answers charges they described as grievous in nature.
Dr Andeleki was the most direct. “It is taboo for someone facing such serious charges to continue presiding over Mass,” he said, citing the resignation of the Chaldean Catholic Bishop of San Diego, California, which the Pope accepted after the bishop faced criminal charges.
In his view, a church leader facing serious criminal charges should temporarily vacate the altar until the matter is concluded. He said Archbishop Banda should not preside over Mass while the case remains active, because those entrusted with the word of God must be morally upright and beyond reproach.
Like the Government, the Kazungula North lawmaker kept the man and the institution apart. He said the Archbishop was arrested as an individual and not as the Catholic Church, and that personal legal matters should not be conflated with a Church that belongs to all believers and whose integrity must be safeguarded at all times.
Mr Nkoma was harsher, accusing the Archbishop of embarrassing the Church and of portraying himself as a politician. “I don’t know why the Pope has allowed him to soil the entire Mission,” he said.
Ms Mulyata described the matter as important but declined to comment further. She said she was unwell and would give a detailed view once she had recovered.
The Government, for its part, said it would continue to respect the rights of all citizens, including the presumption of innocence, while applying the law fairly, impartially and without exception. The case against Archbishop Banda remains before the courts.
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