Opinion: Prof. Proud Moonga Questions Rule of Law Following Chilufya Tayali’s Return

By Prof. Proud Moonga, PhD
Lecturer, University of Michigan, United States of America
Good Governance Activist

Governance activist Prof. Proud Moonga has questioned the handling of Chilufya Tayali’s return to Zambia, arguing that the matter raises broader concerns about judicial integrity, the rule of law, and equal application of justice.

In his commentary, Prof. Moonga notes that Mr. Tayali left Zambia while criminal proceedings against him were still pending and that courts had reportedly issued three bench warrants following his failure to appear.

According to the author, bench warrants remain legally enforceable unless they are formally recalled, discharged, stayed, or set aside by a competent court. He argues that if those warrants remain in force, the circumstances surrounding Mr. Tayali’s return warrant public clarification from the relevant authorities.

Prof. Moonga also points to the fact that Mr. Tayali’s sureties were reportedly sanctioned by the court after his failure to attend proceedings, raising questions about consistency in the administration of justice if the accused later returned without the warrants being executed.

The opinion further argues that the relevant institutions should clarify whether the bench warrants were lawfully withdrawn, whether the underlying criminal proceedings were concluded, dismissed, or discontinued through established legal procedures, or whether any other lawful action was taken.

According to Prof. Moonga, transparency on these issues is important to maintaining public confidence in the justice system and ensuring that the law is applied equally to all citizens, regardless of political affiliation or status.

He concludes by arguing that consistent enforcement of court orders is essential to protecting judicial independence and upholding constitutional governance.

At the time of publication, Zambian WiFi has not independently verified the legal status of the bench warrants or the underlying court proceedings. The views expressed in this article are those of the author and do not necessarily reflect the editorial position of Zambian WiFi.