Kathmandu— Brian Mundubile, the main opposition leader in Zambia who finished second in this month's presidential election, is currently being questioned by police on allegations of treason. The questioning comes as Zambia’s judiciary was unexpectedly closed on Monday – the final day to legally challenge the results of the August 13th election – effectively preventing an official petition from being filed. President Hakainde Hichilema won a second term with 60 percent of the vote and is scheduled to be sworn in Tuesday, despite ongoing disputes over the election’s fairness.

Opposition Leader Detained

Mundubile and his running mate, Makebi Zulu, are currently in police custody after surrendering to authorities on August 27th. They had been at an international human rights organisation seeking safety following a police raid at Mundubile’s home immediately after the election. Police have recorded “warn and caution” statements from both men, typically a precursor to formal charges. Treason carries severe penalties under Zambian law.

Judiciary Closure Sparks Criticism

The abrupt closure of Zambia's entire judiciary on Monday prevented Mundubile from filing an official challenge to the election results within the constitutionally mandated seven-day window. Article 103 of the Zambian Constitution requires any petition to be filed within this timeframe, and Article 104 stipulates that filing such a petition automatically pauses the presidential inauguration. While the Constitutional Court confirmed it had not received a formal petition, Chief Justice Mumba Malila acknowledged receiving an irregular submission via private email, which he has referred for consideration. Human Rights Watch condemned the closure as “a blow to the administration of law, transparency, and due process in Zambia.”

Escalating Post-Election Tensions

The current situation follows a period of escalating tensions two weeks ago, during which former cabinet minister Mutotwe Kafwaya was killed during a police crackdown. Eleven people were arrested at Mundubile’s home, with police alleging involvement in insurrection or militia activity – accusations that Mundubile has denied. These events have raised concerns among opposition parties and civil society organizations regarding increasing repression by Hichilema’s government.

Economic Context and Democratic Reputation

Hichilema won the election after successfully steering Zambia, a major copper producer, through an economic turnaround and debt restructuring. However, recent events have tarnished Zambia's democratic reputation, according to rights groups and election observer missions. Since the return to multiparty politics in 1991, every presidential transition in Zambia has been achieved through elections.

With the Constitutional Court confirming no formal petition was received, Hakainde Hichilema is set to be sworn in as president for a second term on Tuesday despite ongoing concerns about the election process and the shrinking of democratic space.

(With inputs from Al Jazeera)

Originally published on abcnews.com.np.