19/10/2026
MUNDUBILE, MAKEBI ZULU CHALLENGE PROLONGED DETENTION AS HIGH COURT HEARS BAIL BID
Opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 other detainees are expected before the Lusaka High Court today in a legal battle over their continued detention without trial.
The 18 applicants are seeking constitutional bail, arguing that the State’s ongoing investigations into allegations involving treason and other offences cannot justify keeping them in custody indefinitely without trial.
The application, scheduled before High Court Judge Derick Mulenga in Chambers at 09:00 hours, asks the court to order their release, either unconditionally or under reasonable conditions to ensure their attendance at trial.
The applicants have sued Attorney General Mulilo Kabesha and other State officials, contending that the period they have spent in custody violates their constitutional rights.
They are relying on Article 13(3) of the Constitution, which provides safeguards for personal liberty, including the right to release in circumstances where an accused person is not tried within a reasonable time.
In their application, the detainees maintain that they do not dispute the State’s authority to investigate criminal allegations but challenge the use of ongoing investigations as justification for prolonged detention.
They argue that keeping suspects in custody while evidence is still being gathered raises serious questions about the balance between the State’s investigative powers and an individual’s right to liberty.
The applicants have also indicated their willingness to comply with any conditions the court may impose to secure their attendance during subsequent proceedings.
The case places the legality of continued pre-trial detention under judicial scrutiny, although the bail proceedings are separate from the determination of the criminal allegations against the applicants.
Mundubile and Zulu, who contested the August 2026 general election as the presidential candidate and running mate of the Tonse-Pamodzi Alliance, are among the high-profile figures involved in the matter.
The group’s legal challenges have unfolded alongside separate criminal proceedings, including a sedition case against the two opposition leaders.
On October 13, the Solwezi Magistrates’ Court ruled that it lacked jurisdiction to hear the sedition case and referred the matter to the High Court for a determination of the appropriate court to handle it. The ruling did not determine the merits of the allegations against the two men.
The High Court’s consideration of the constitutional bail application is therefore expected to focus on the applicants’ entitlement to release pending trial and whether their continued detention is consistent with constitutional protections.
The court’s decision will determine the immediate question of whether the applicants should remain in custody or be released under conditions pending further proceedings.
Credit: Sun FM Zambia
