Mundubile, Makebi constitutional bail: Court to rule on jurisdiction

By CHIKUMBI KATEBE

THE Lusaka High Court will on Tuesday, November 10, 2026 deliver its ruling on the preliminary issue raised by the State over the constitutional bail application by Brian Mundubile, his running mate Makebi Zulu and 16 others accused of treason.

The matter came up on Thursday, November 5, 2026 before a three-judge panel comprising Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga, where the Attorney General, Mulilo Kabesha argued that the constitutional bail application should have been made in the criminal registry as opposed to a civil matter.

The Court indicated it would be ready with the ruling on November 10, and directed that in the event that the preliminary issue does not succeed, the parties must stand ready to proceed with the substantive bail application.

The defence in their response to the application argued that Order 14A could not dispose of the matter.

Defence lawyer Milner Katolo briefing journalists after the chamber hearing explained: "Our main arguments, first of all, is that when you are invoking provisions under Order 14A of the Rules of the Supreme Court, it must be such that your argument or your application would dispose of the entire matter. In this case, the entire matter means the petition and the bail application itself."

"But the Attorney General came to say they are not attacking the petition. They are only attacking the bail application. Now the bail application is not the entire matter," he said.

Mr Katolo explained that the submissions by the Attorney General amounted to a clear admission that their application was inadequate and did not respond to the thresholds that were provided for in Order 14A of the White Book.

He said the defence also argued that Order 14A itself provided that it did not apply to actions brought by or against the Crown (in this case, the State).

"So, if the order that they are relying on itself says you cannot use this in matters against the State, they are clearly defeated from the start that they used the wrong order to challenge the constitutional bail application," Mr Katolo said.

He said the Director of Public Prosecutions (DPP) Gilbert Phiri SC, had submitted that they did not want the bail application to be heard because of the state that should the matter be heard, it would succeed and that Mr Mundubile, Mr Zulu and the 16 others would be set free.

"And for us, we are determined to proceed with the bail application so that the injustice that is occasioned to our clients who are complaining that they have been arrested on trumped-up charges, thrown into a maximum security prison without a warrant from the court is wrong and they need their freedoms as guaranteed by Article 18 of the Constitution," he said.

Mr Mundubile, Zulu and 16 treason charged filed a petition on October 14, 2026, seeking constitutional bail against their continued detention while investigations were still on-going, which they argue was in violation of their constitutional rights.

Arrested on August 27, 2026, the 18 applicants have been held at Mukobeko Maximum Security Correctional Facility in Kabwe for more than 70 days without trial.