HOW CHIFUMU BANDA DEFENDED A ZIMBABWEAN FREEDOM FIGHTER JAILED IN ZAMBIA OVER ZAPU TRIBALISM ENQUIRIES
An excerpt from the newly released book: Conversations with Memorable Personalities, Part 2 (2026) by Amos Malupenga, Page 351.
Imagine escaping the brutal, white-minority Ian Smith regime in Zimbabwe, searching for a sanctuary in a sister nation, only to be thrown into prison by the very allies you trusted in Zambia!
That was the reality Wilfred Pasipanodya faced when Zambian authorities detained him under the strict Preservation of Public Security Act.
His “crime”?
Attempting to investigate the deep-seated tribalism within his own liberation party, ZAPU (Zimbabwe African People’s Union) and to establish the extent of damage that was caused to ZAPU casualties here in Zambia.
In this captivating excerpt below from my 2005 conversation with him, legendary legal counsel and veteran politician, Chifumu Banda, takes you inside the courtroom of one of his most memorable, high-stakes cases.
Working completely gratis (for free), Chifumu Banda launched a daring pro-bono battle for habeas corpus that exposed the raw political friction and hidden tensions of the liberation era.
But this is just one piece of the puzzle. Chifumu Banda, alongside future President Levy Mwanawasa, also defended high-profile treason trials like that of the late Lt Gen Christon Tembo.
The excerpt:
“Amos Malupenga: Did you work for someone else before setting up your own practice, or did you work for the government?
Chifumu Banda: I had to serve the government for three years after I left UNZA because I firmly believed that since the government had paid for my university education, I had to repay it.
So I worked for the Ministry of Legal Affairs for three years. My last position in government was that of assistant senior legal counsel. I left government service in August 1978.
After that, I joined Lisulo and Company, a law firm whose partners were the late Daniel
Lisulo and the former Chief Justice of Zambia, Hon. Justice Matthew Ngulube. I joined
Lisulo and Company in late 1978. Two years down the line, I was made a partner until I left on my own accord in 1986 to start my law firm.
Malupenga: And what are some of the exciting cases in your 29 years of practice [as at 2005]?
Chifumu Banda: I have handled a lot of cases. My most exciting cases are those to do with habeas corpus applications because during the first and second Republics, a lot of people were detained by the government.
And some of those people could not afford the services of private legal practitioners. For some of us in government at that time, it was an opportunity to help those people.
Some of the cases I did related to freedom fighters from Zimbabwe and South Africa.
We represented them gratis.
One of the cases I always remember is the case of Wilfred Pasipanodya. This case related to detention under the Preservation of Public Security Act.
This person was alleged to have endeavoured to find out the level of tribalism in ZAPU Party in Zimbabwe. He was also alleged to have attempted to find out the extent of the damage that was caused to ZAPU casualties here in Zambia.
This man was in Zambia and he was detained by the Zambian authorities.
This was a very interesting case in the sense that he was a freedom fighter in Zimbabwe who ran away from the Ian Smith regime to a safer haven in Zambia. This was a challenging case although his application for habeas corpus was dismissed.
I have also done a number of election petitions, one of which involved Aaron Milner, the
former Minister of Home Affairs, who petitioned. There was also a case of treason involving General Christon Tembo. This was also an interesting case.
I was involved as defence counsel together with President [Levy] Mwanawasa and Vincent Malambo. This was a beautiful case. The results are there for everybody to see
The State had to throw in the towel.
There are just so many cases, but I enjoyed defending the poor people much more. These were my best cases because I offered my services to people who were in real need. These days, I handle a lot of cases ranging from political to constitutional, criminal and civil.
My interest is litigation. …”
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Picture caption: A historic milestone as Chifumu Banda (right) takes his oath of office as Solicitor General before President Frederick Chiluba at State House, in 1992.