…after the preliminary issue raised by the State was thrown out with a ruling that the application was properly filed and the court shall therefore proceed to hear the matter, as Makebi Mundubile pray for openness, fairness and justice
THE hearing of the Constitutional bail application filed by Brain Mundubile, his running mate Makebi Zulu and 16 others accused of treason will commence today after the Lusaka High Court dismissed the preliminary issued raised by the State on grounds of jurisdiction.
The High Court’s throwing out of the preliminary issue has therefore paved the way for the court to consider the application for constitutional bail by the two opposition leaders, who are among those facing treason charges.
And Mr Mundubile and Mr Zulu and 18 others have welcomed the High Court ruling to hear their constitutional bail application and that the accused would continue to pray openness, fairness and justice to prevail.
Lusaka High Court yesterday threw out preliminary issues that had been raised by the State questioning whether the Constitutional bail application filed by Zambia’s leading opposition leaders was properly before the court.
The High Court has since ruled that the application is in fact properly before it and the Constitutional bail applied by Mr Mundubile and Mr Zulu would have be heard.
Speaking outside court shortly after the ruling, State Counsel Sakwiba Sikota, one of the attorneys for Mr Mundubile, Mr Zulu and 16 others said the High Court sided with the defence and threw out the State’s objection.
“Well, the court has just finished making its ruling on the preliminary issue which was raised by the Attorney General’s chambers representing the State and the court has sided the accused and said that in fact the preliminary issue does not stand and it has thrown it out,” Mr Sikota SC said.
The matter was stood down for a few minutes to allow the parties to prepare for the main application.
Mr Sikota said the State has however indicated it would apply for an adjournment when court resumed, an application the defence said it was going to oppose.
“Yet the court had said that come what may we must proceed. So, we are going to oppose that application by them because there’s been so many delays. Every step of the way the State is causing delays,” he said.
“In its ruling, the court addressed two key issues. First, it held that although bail is usually sought in criminal matters, the present application fell under the constitutional jurisdiction of the court,” he said.
Mr Sikota said it was for that reason that it was being treated as constitutional bail, and was properly brought before the High Court.
“Second, the court discouraged what it described as a multiplicity of actions, noting that there was already a main petition dealing with the applicants’ rights and freedoms, with bail pending the hearing of that petition,” he said.
The state made an application for adjournment to allow the AG and DPP be present at the commencement of hearing. Court granted the state application and Matter adjourned to today at 09:00hrs.
Nation Reporter
