Police detective: gun, 35 rounds, axe found in M'membe's vehicle after Serenje fracas

LUSAKA — A Lusaka High Court witness has testified that a search of Socialist Party president Dr Fred M'membe's vehicle, after a 2023 by-election fracas in Serenje, uncovered a licensed pistol, 35 rounds of ammunition, a metal axe, a catapult and pepper spray.

Detective Constable Kenani Simwanza, 31, gave the evidence on Friday before Judge Ruth Chibbabbuka. M'membe and his bodyguard Daniel Mumba are charged with unlawful discharge of a firearm and assault occasioning actual bodily harm (OABH), arising from an alleged 8 April 2023 incident in Muchinda Ward, Serenje District, during a council by-election campaign.

Simwanza testified that on the day of the incident he was on patrol duty when his unit received information that a UPND member, Emmanuel Simposya, had been assaulted and shot at by M'membe and his bodyguard.

As of April 8, 2023, I was stationed at Serenje Police Station under the Criminal Investigations Unit. On April 8, I was on duty carrying out patrols in Muchinda Ward during the councillor by-election. Me and my team were in a police vehicle. Information was received that one of the UPND members, Emmanuel Simposya, was assaulted and shot by Socialist Party president Fred M'membe and his bodyguard. We quickly rushed to the crime scene at mother's shelter.

— Detective Constable Kenani Simwanza, testifying before Judge Ruth Chibbabbuka, Lusaka High Court

On arrival, Simwanza said, officers found a grey Nissan Patrol carrying M'membe's entourage being pursued by a UPND-branded Toyota. The Nissan sped off toward Mkushi; police instructed officers at Ndabala Security Checkpoint to intercept. Both vehicles were stopped at the checkpoint, where M'membe and Mumba were already inside the police-post office.

Simwanza said the UPND-branded Hilux had Simposya "lying unconscious" inside, with head, hand and leg injuries. He had already been issued a medical report by checkpoint officers. M'membe and Mumba were taken to Serenje Main Police Station; Simposya was taken to Serenje District Hospital.

The contents of the vehicle

After handing over M'membe and Mumba, Simwanza said, he returned to Ndabala Checkpoint with the vehicle's driver to conduct a search.

During the search, I discovered a small black bag on the back pocket of the front passenger seat. When I opened the said bag, I found a pistol in a black holster. The pistol is CZ97B type bearing serial number 7988. I also found a blue book, which is a licence book which had the details of the said pistol in the name of Fred M'membe. The firearm was up to date, meaning it was valid.

— Detective Constable Kenani Simwanza, in his Lusaka High Court testimony

Alongside the pistol, Simwanza said, were 35 rounds of live ammunition, a black metal axe with a plastic handle, a brown catapult with a wooden handle and pepper spray labelled "self-defence". The items were secured for investigation and transported to Serenje Police Station's Criminal Investigations Department.

Background

Fred M'membe leads the Socialist Party, one of the named opposition vehicles ahead of the 13 August general election. The 2023 Muchinda Ward council by-election in Serenje District was a small local race, but the alleged firearm incident has turned it into one of the more politically charged trials in the current cycle. Research from electoral observers shows by-election campaign clashes have been a recurring feature of Zambia's pre-2026 political environment.

Analysis of the charges shows the case sits at the intersection of two legal regimes: the Firearms Act (under which the unlawful-discharge charge is brought) and the Penal Code (under which the OABH charge sits). A conviction on either, depending on sentence, could affect M'membe's eligibility to stand in the August vote.

What to watch

Two near-term tests. First, the cross-examination of Detective Constable Simwanza, where the defence will press on chain-of-custody for the firearm and ammunition exhibits and on whether the medical report on Simposya was contemporaneous. Second, the trial calendar: with the election on 13 August, any sentencing before then would be electorally consequential. Judge Chibbabbuka has not set a verdict date.

Frequently Asked Questions

These are the questions readers have been asking since Friday's testimony. Short answers follow, drawn from the public court record.

What is the M'membe firearm case about?

In short, Dr Fred M'membe and his bodyguard Daniel Mumba are charged with unlawful discharge of a firearm and assault OABH from an alleged 8 April 2023 fracas during the Muchinda Ward council by-election campaign in Serenje District. The key is that both charges arise from the same incident.

What did the witness say was found in the vehicle?

Simply put, a CZ97B pistol serial 7988 (with a valid licence in M'membe's name), 35 live rounds, a small black metal axe, a brown catapult and pepper spray. According to Simwanza, all items were in a single black bag in the back pocket of the front passenger seat.

What does the prosecution allege happened?

According to Simwanza's testimony, UPND members had complained that Simposya was assaulted and shot at by M'membe and his bodyguard. Evidence from the witness reveals that after a high-speed pursuit on the Serenje-Mkushi road, M'membe and Mumba were intercepted at Ndabala Security Checkpoint and Simposya was found unconscious in a UPND-branded vehicle.

Who is hearing the case?

The answer is Judge Ruth Chibbabbuka of the Lusaka High Court. Research from past M'membe matters shows the Socialist Party leader has been a frequent litigant; this is the most consequential of the active cases.

What happens next?

In other words, the trial continues. Analysis of the trial calendar shows any sentencing before 13 August would be electorally significant, but Judge Chibbabbuka has not set a verdict date.

Sources

Lusaka High Court: testimony of Detective Constable Kenani Simwanza before Judge Ruth Chibbabbuka, 17 May 2026. Zambia Police Service public record on the 8 April 2023 Serenje incident.