A Zambian human rights advocate has asked Amnesty International to look at the full record of allegations against former Petauke Central Member of Parliament Emmanuel “Jay Jay” Banda before it reaches conclusions about his return to Zambia. Sikaile Sikaile, who says he has worked with Amnesty International for more than a decade, said the organisation should hear from people who say Banda harmed them. He also asked it to separate legitimate political dissent from conduct that may amount to criminal offences. His appeal follows Amnesty International’s public interest in how Banda was apprehended and returned. Zambia Police confirmed on October 16, 2026 that Banda was back in the country and would be formally charged.
The case goes back more than two years. In August 2024, Banda was in custody at Chipata General Hospital, receiving treatment while he awaited trial on charges that included attempted murder and aggravated robbery. He escaped from that custody. In July 2025, while he was still at large, his case was committed to the High Court for trial. In mid-October 2026, the Zimbabwe Republic Police announced that it was working with Zambian authorities to trace him and several other wanted suspects. He now faces charges of attempted murder, aggravated robbery and escape from lawful custody.
Mr Sikaile listed several incidents he said Amnesty International should examine. They include the assault of journalist Peter Sukwa during voter registration in Eastern Province before the 2016 general election. Mr Sikaile said Mr Sukwa was beaten, urinated on and doused with petrol. He also cited broadcasts in which Banda allegedly called for President Hakainde Hichilema to be killed and for members of the Tonga community to be eliminated. Mr Sikaile said these remarks, if authenticated and read in their proper context, went beyond ordinary political criticism.
“Calls for the assassination of a political leader cannot simply be dismissed as political criticism, just as statements targeting an ethnic community deserve serious scrutiny,” Mr Sikaile said.
He also pointed to broadcasts during the 2026 general election in which Banda discussed the political situation with people linked to opposition leader Brian Mundubile. Mr Sikaile alleged that early declarations of victory before the official results, together with calls for supporters to take to the streets, came before billboards bearing President Hichilema’s image were destroyed. He asked Amnesty International to apply the same human rights standards whatever the political identity of the accused or of those allegedly targeted. None of these allegations has been tested in court. Banda has not been convicted of any offence.
State House chief communications specialist Clayson Hamasaka questioned why some human rights organisations were quick to condemn Banda’s apprehension but silent when the threats against the President were allegedly made. He went further and described Amnesty International as hypocritical for seeking clarity on how Banda was apprehended and transferred to Zambia. His remarks have set the tone for a sharp exchange between the Government and rights groups over the case. Choma South UPND Member of Parliament Trevor Mwiinde said the arrest gave Banda a chance to answer the charges and to substantiate the claims he had made against others.
“Emmanuel Jay Banda is an escapee who needs to answer to a lot of charges. As a country, and the Government in place, we believe in the rule of law and justice. So, we leave it in the hands of the police and the judicial system,” Mr Mwiinde said.
Governance and Development Advocates Zambia executive director Elias Mulenga commended Zambian and Zimbabwean law enforcement agencies for tracking Banda down. Acton Institute for Policy Analysis Centre executive director Solomon Ngoma also welcomed the joint operation. Mr Ngoma said freedom of expression must be exercised responsibly and within the law. He said democratic rights do not justify conduct that undermines state institutions or incites unrest.
The opposition has taken the opposite view. In a joint communique with the Forum for Democracy and Development (FDD), Tonse Alliance deputy spokesperson Anthony Chibuye demanded fairness and due process in the handling of Banda. He accused the ruling UPND of selective justice, alleging that its cadres had issued death threats against opposition figures, including Mr Mundubile, without being arrested. Mr Chibuye said the alliance does not glorify hate or threats but wants the law applied equally. He described Banda as a brother, husband, father and uncle who is entitled to humane treatment.
“The police should be professional in the prosecution of this matter,” Mr Chibuye said.
In an opinion piece, State House chief communications strategist Whitney Mulobela said the Government accepts several of Amnesty International’s points. He said Banda is entitled to medical care, confidential access to a lawyer, contact with his family and prompt appearance before a court. However, he rejected Amnesty’s description of Banda as a government critic in need of protection, as well as its reference to the principle of non-refoulement. Mr Mulobela said there was no record that Banda had ever applied for asylum in Zimbabwe, Mozambique or elsewhere. He added that Article 1F of the Refugee Convention excludes people suspected of serious non-political crimes, and that any challenge to the circumstances of Banda’s return belongs before the High Court.
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