COURT UPHOLDS STATE OBJECTION, EXPUNGES TWO PARAGRAPHS FROM MUNDUBILE, ZULU BAIL AFFIDAVIT
Lusaka | November 13, 2026 – The Lusaka High Court has expunged two paragraphs from the Affidavit in Reply filed by Mr. Brian Mundubile, Mr. Makebi Zulu and 16 others in their constitutional bail application, upholding the State’s objection that the material fell outside the proper scope of a reply.
The ruling follows an application by the Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, SC, and his team challenging five paragraphs and a video recording submitted on a flash disk.
The State argued that the affidavit introduced fresh matters which it had no opportunity to answer, and separately questioned the foundation laid for admitting the recording.
Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga expunged paragraph 6 for introducing a new issue in breach of the rules governing affidavits in reply.
The Court also struck out paragraph 21, finding that it went beyond the issues raised by the second respondent, the Director of Public Prosecutions. The findings upheld the State’s objection to the introduction of fresh material at the reply stage.
The Court, however, retained paragraphs 19 and 20, finding that they directly answered the State’s allegation that the applicants posed a flight risk and therefore raised no new issues. Paragraph 22 was also retained.
The video recording contained on the flash disk was admitted into evidence.
The ruling addressed the disputed affidavit material and recording; it did not determine whether the applicants should be granted constitutional bail.