Mundubile, Makebi in High Court today

BRIAN Mundubile, his running mate Makebi Zulu and the other 16 accused of treason are today expected to appear in the Lusaka High Court in a matter they have challenged their detention for about 50 days without being taken to court. Mr Mundubile and Mr Zulu have since applied for constitutional bail demanding that the State should either release them unconditionally and be taken to court so that they should be heard. 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. That from the time we were detained our detention has continued notwithstanding the absence of a judicial determination in the treason proceedings authorizing their continued detention. That we have repeatedly remained ready and willing to answer the criminal charges pertaining to treason before a competent court,” they submitted. The 18 treason accused have submitted that while they did not dispute that the state was entitled to conduct criminal investigations, what was in dispute was the proposition that the incompleteness of an investigation constituted a sufficient constitutional basis for their prolonged detention without judicial proceedings. They are wondering why the other allegations of Prohibition of Terrorism had remained unaddressed. They have submitted that they had been deprived of their liberty while the state had continued to gather the evidence which according to the DPP was required before the case could properly be taken to court. Mr Mundubile and Mr Zulu have petitioned the High Court, challenging their detention and have accused the State of violating their constitutional rights for keeping them in jail without trial. The petitioners allege that some were arrested and detained for prolonged periods without being informed of the reasons for their arrest, while others were allegedly denied access to their families and legal counsel.

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