We're entitled to bail - Mundubile, Makebi

...after spending 70 days in prison on allegations of treason, as the defence insists constitutional bail application is properly before the High Court with the State challenging jurisdiction By CHIKUMBI KATEBE BRIAN Mundubile, his running mate Makebi Zulu and their co-accused are pressing for constitutional bail after spending 70 days in custody, arguing that their prolonged loss of liberty warrants consideration by the Lusaka High Court.And Mr Zulu has announced that he has decided to represent himself in a case in which he, along with 17 others are accused of treason for which they have been in jail for 70 days now.The defence maintains that the application is properly before the court and seeks relief from what it considers an inordinate period of detention.Recently, the Lusaka High Court granted Celestine Mukandila constitutional bail following prolonged detention without production before a competent court, after the court failed to comply with an earlier court order.But the State has asked the court to dismiss the application for want of jurisdiction, arguing that bail should be sought in criminal proceedings rather than through the constitutional proceedings brought by the accused.The dispute concerns the procedure through which the accused have sought release. The underlying charge against them is treason.Defence lawyer Milner Katolo said preliminary objections had intervened before the court could hear the substantive application for constitutional bail.He explained that when the matter came up for hearing on Thursday, the Director of Public Prosecutions (DPP) sought to raise a preliminary issue, which the defence opposed on procedural grounds.According to Mr Katolo, the defence argued that the DPP had neither followed the required procedure nor filed an answer to the petition."Now the DPP did not file an answer to the petition and we submitted that he was precluded from raising that preliminary issue," Mr Katolo said.He said the court adjourned to consider the objection and subsequently ruled in favour of the defence.The defense explained that the application for constitutional bail was properly directed to the High Court because Article 28 of the Constitution empowers that court to enforce the fundamental rights protected by the Bill of Rights, including personal liberty under Article 13.Mr Mundubile and Mr Zulu's lawyers stated that Article 13(3) required that an arrested person be brought before a court without undue delay and provided for release, unconditionally or on reasonable conditions, where trial did not take place within a reasonable time.The argued that constitutional bail application therefore invoked an express constitutional safeguard against prolonged detention without trial."Describing the petition as civil proceedings does not, by itself, extinguish the High Court's constitutional authority to protect a person held in criminal custody. The applicants' argument is that their continued detention has become constitutionally unjustifiable because of delay. Any objection concerning the form of the application or the parties joined must be addressed, but it should not be confused with the separate question of whether the High Court possesses the power to grant constitutional relief," Mr Mundubile and Mr Makebi argued."Although that case involved bailable offences and is therefore distinguishable from treason, it demonstrates the High Court's exercise of constitutional authority to remedy unjustified detention. The applicants must establish unreasonable delay on their own facts; if they do, release on appropriate conditions would preserve their availability for trial while enforcing their constitutional rights," they argued.And Mr Zulu has announced that he has decided to represent himself in a case in which he, along with 17 others are accused of treason for which they have been in prison.The Lusaka High Court has since granted Mr Zulu an application to represent himself in the matter in which he, Mr Mundubile and more than a dozen others have been charged with treason."Dear fellow Zambians, I wish to inform you that I have decided to exercise my constitutional right to represent myself in the matter I, my brother President Brian Mundubile and 18 others are charged with treason. I pray for peace, openness and justice for all Zambians," Mr Zulu said.

Longwe threatens to sue Chief Justice

Chester, Felix, IDC finally granted bail

ZNBC journalist Mukuka released from police c...

We’re looking into accusation of misconduct a...

Independent candidates free to file nominatio...