Mundubile, Makebi bail hearing cloaked in ‘privacy’

...as police cordon all the access roads to the High Court premises to prevent a repeat of what happened in Solwezi where hundreds of supporters to the treason detainees thronged the court chanting slogans By BARNABAS ZULU BRIAN Mundubile, his running mate Makebi Zulu and 16 other treason accused yesterday arrived at the Lusaka High Court for their constitutional bail hearing amid tight security with all access toads to the court premises completely sealed with heavily-armed police in armoured vehicles. And State Counsel Sakwiba Sikota, one of the attorneys representing Mr Mundubile, Mr Zulu and 16 others yesterday complained that his clients were woken up around 04:00 hours and driven straight to Lusaka without being given breakfast. The Lusaka High Court yesterday adjourned to tomorrow the matter in which Mr Mundubile, Mr Zulu and 16 others accused of t reason have applied for constitutional bail after the State failed to file its response despite being served with the application days earlier. Mr Mundubile, Mr Zulu and the 16 others are seeking an order from the High Court to be admitted to the constitutional bail and be released from custody pursuant to article 13 (3). The 18 treason accused are also seeking an order that they be released either unconditionally or upon such reasonable conditions as the court may deem fit and appropriate to secure their attendance at trial or at proceedings preliminary to trial. “That we are aware that Director of Public Prosecutions DPP on September 14 is reported as stating that the state was still investigating the treason allegations. However, no mention has been made as to the allegations involving those who have been charged with prohibition of terrorism,” Mr Mundubile and Mr Makebi said. Mr Mundubile, Mr Zulu and the 16 others are also seeking a declaration that their continued detention, having regard to the period for which they have been detained without trial, constitute a violation of their rights under the law. In their affidavit in support of summons for admission to constitutional bail, filed by Ellis &amp; Co Legal Practitioners and Messrs Milner and Paul Legal Practitioners as co-advocates, the 18 treason accused submitted that they were all Zambians, who had been variously charged by the Zambia Police with the alleged offences of treason and Prohibition of Terrorism. The application was scheduled to be heard yesterday before a panel of three judges led by Ndola High Court Justice Derrick Mulenga, but the State applied for an adjournment, saying it was not ready to proceed and needed time to file dovuments in opposition. Mr Sikota confirmed the development in an interview outside court that the defence had served the State with the constitutional bail application last Thursday and had the documents for a number of days before the matter came up for hearing. “As you know today we were making our application for constitutional bail for the 18 treason accused. We had served the State last Thursday so they’ve had the documents for a number of days now. However today the State said they were not ready and so they asked for an adjournment for them to be able to put in documents in opposition. So that was granted to them,” Mr Sikota SC said. “My clients were woken up around 04:00 hours and driven straight to Lusaka without having breakfast. We had to make impromptu arrangement to find them some food to eat,” he said. And the Tonse Pamodzi Alliance has chastised the State for the deployment of heavily–armed police around the Lusaka High Court, accusing authorities of blocking the public from witnessing the treason and sedition proceedings against Mr Mundubile, Mr Makebi Zulu and 16 others. Although the matter was heard in chambers, Muhabi Lungu, the Tonse Pamodzi Alliance general secretary says justice was supposed to be not only done but also seen to be done, stating that trials of such high profile should be held in public. A former detainee himself, Mr Lungu recalled that President Hakainde Hichilema’s own court appearances before 2021 were conducted openly, arguing that secrecy was only fuelling speculation in a democracy. Mr Mundubile and Mr Zulu were arrested on August 27, 2026, and are facing charges of treason and sedition and have argued that their prolonged detention without trial was in violation of their constitutional rights and safeguards requiring appearance before a judge within 48 hours.

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