COURT TO RULE ON STATE’S OBJECTION IN MUNDUBILE CONSTITUTIONAL BAIL CASE
The Lusaka High Court is today expected to rule on a preliminary objection by the State challenging the procedure used by opposition presidential candidate Brian Mundubile, his running mate Makebi Zulu and 16 others to seek constitutional bail.
The 18 applicants, who have been in custody since August 14, 2026, over alleged treason, sedition and terrorism-related offences, are seeking unconditional release or bail under reasonable conditions pending trial.
The State argues that the application should have been commenced through the criminal registry rather than a civil petition.
But the defence, strongly opposed the preliminary objection, arguing that the State relied on the wrong legal provision and failed to challenge the entire proceedings as required under Order 14A of the Rules of the Supreme Court.
The defence maintains that the State’s objection does not address the substantive question of whether the applicants’ continued detention is constitutional.
The arguments on the preliminary objection have since been concluded, leaving the three panel of Judges led by Judge Derrick Mulenga to determine whether the State’s challenge has merit.
Today’s ruling is therefore significant because if the objection is dismissed, the court is expected to proceed to hear the substantive constitutional bail application.
But if the State succeeds, the applicants could face another legal setback before their request for release can be considered on its merits.
For Mundubile, Zulu and the 16 others, the ruling could determine the next step in their prolonged fight to secure freedom while awaiting trial.
Diamond Tv