Court rejects Changala’s request for more time, orders him to open defence

Human rights activist Brebner Changala has begun presenting his defence after the court rejected his lawyer’s request for more time to prepare him to testify.

Defence counsel Dr Likando Kalaluka, State Counsel, appearing alongside Dr M. Lualula, initially indicated readiness to proceed but proposed calling Muhabi Lungu and Honourable Chulumanda as the first defence witnesses.

The court instead directed Changala to open his defence, invoking Sections 207 and 208 of the Criminal Procedure Code. It gave the defence 10 minutes to prepare him before Kalaluka applied for an adjournment.

Kalaluka cited Article 18 of the Constitution, which provides for an accused person’s right to adequate time and facilities to prepare a defence.

He accepted responsibility for not adequately preparing his client, arguing that Changala’s liberty should not be jeopardised by his lawyer’s shortcomings.

Opposing the application, State Advocate Mildred Muchimba argued that Changala had been given sufficient time to prepare, noting that he had been placed on his defence on October 16, 2024.

Muchimba said the constitutional right to adequate preparation could not justify indefinite delays, particularly where previous adjournments had resulted from applications by the defence.

The court dismissed the application and directed Changala to testify.

Taking the witness stand, the 65-year-old activist told the court that he had spent 33 years advocating for human rights, motivated by his Catholic faith.

He said he financed his activism through family resources, a school chalk manufacturing business and farming.

Changala testified that his work frequently brought him into conflict with the State over alleged human rights violations.

He also recounted how he learnt of the reported abduction of former Petauke Central MP Emmanuel Jay Jay Banda.

Changala told the court that he first heard about the incident on social media before going to Ibex Police Station, where journalists and political figures had gathered.

He said he did not personally know Banda and had never met him before the incident.

Changala also recounted Banda’s subsequent arrival at Kabwata Police Post at about 01:00 hours while Changala was in detention.

During the proceedings, the court allowed Changala to view prosecution exhibit P1 in connection with a live interview he had given to Diamond Television about the incident.

The proceedings were adjourned after Kalaluka sought permission to attend a Mwandi Constituency election petition hearing in Mongu, where he had been retained partly because of his proficiency in Lozi.

Muchimba noted that such applications would ordinarily be supported by documentary evidence, such as a hearing notice, but left the decision to the court.

The court granted the application, citing Kalaluka’s standing, and adjourned Changala’s case to November 13, 2026, at 09:00 hours for continuation of the defence.