Mundubile, Makebi unhappy with State’s delay tactics

By CHIKUMBI KATEBE LAWYERS representing Brian Mundubile and his running mate Makebi Zulu in the sedition case have criticised the State for raising a preliminary issue on the day of their constitutional bail hearing, which was scheduled to start yesterday. Speaking at the High Court grounds after the conferencing in chambers, State Counsel Sakwiba Sikota said the State had raised a preliminary issue without notice, despite the matter having been filed on October 19, 2026. “As you know, today (yesterday) was supposed to be the bail application hearing. But there will be no prizes given to anybody who would have predicted that they were going to raise a preliminary issue. Each and every time we come, there is a preliminary issue being raised by the State. And this is what they did again, without any notice,” Mr Sikota SC said. Mr Sikota said the State had done nothing during the time of the case, only to come and raise the preliminary issue when the parties were supposed to start the hearing of the case. He complained that all the while, the state did nothing over the bail application, until suddenly when the matte was scheduled to start. He said the defence would now take instructions from their clients on how to respond to the preliminary issue, which the Court has directed the State to file by tomorrow and serve on the defence. He was hopeful that after they dealt with the current preliminary issue, there must be progress on the application and not find them raising another preliminary issue. Mr Sikota explained that the defence was not aware of the particulars of the preliminary issue that had been raised, but that the application should be heard by a three-judge panel led by Justice Geoffrey Mulenga. The Solwezi High Court last week ordered that the sedition case against the opposition leader Mr Mundubile and his running mate Mr Zulu be transferred to Lusaka, ending weeks of dispute over where the matter should be heard. Solwezi High Court Judge Edward Musona delivered the ruling No ember 5, 2026 that the Solwezi Subordinate Court was not the appropriate forum to try and determine the matter under Section 69 of the Criminal Procedure Code which dictates towards Lusaka. The Judge said the circumstances collectively established a stronger connection with Lusaka and supported the conclusion that Lusaka was the more convenient and appropriate forum rather than Solwezi. The State has charged Mr Mundubile and Mr Zulu with two counts of seditious practices under Section 57 of the Penal Code. The charges, laid on 11 September, arise from alleged Facebook posts and livestreams made on 14 August 2026, the day after the 13 August general election. Mr Mundubile is accused of publishing material claiming that his party was leading according to its parallel vote tabulation and calling on the Electoral Commission of Zambia to resume counting. Mr Zulu is accused of publishing a statement indicating that Mundubile would address the nation and urging members of the public to remain on standby.

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