FLASH DISK IN, TWO PARAGRAPHS OUT
…. High Court draws a line in Mundubile, MAKEBI bail battle
By DAVID KANDUZA
THE legal tug-of-war over the detention of opposition presidential hopeful Brian Mundubile, his running mate Makebi Zulu and 16 co-accused played out not over their freedom, but over the fine print of court procedure.
In a measured ruling delivered today November 13, 2026, a three-judge bench comprising Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga pruned back parts of the applicants’ Affidavit in Reply—striking out two paragraphs while allowing a disputed flash disk containing video footage to remain on the court record.
For supporters and onlookers packed into the courtroom, hoping Friday would finally bring clarity on whether the 18 detainees—who have been held in custody since August over treason, sedition and terrorism-related charges—would walk out on bail, the ruling offered only a procedural waypoint
The morning’s decision followed a sharp legal objection mounted by Director of Public Prosecutions (DPP) Gilbert Phiri.
The State had asked the court to expunge five specific paragraphs—6, 19, 20, 21, and 22—alongside the flash disk, arguing that the defence was attempting to sneak fresh allegations into a reply affidavit without giving prosecutors a fair chance to respond.
The bench agreed only in part, drawing a firm boundary around what belongs in a reply.
The ruling marks the latest skirmish in a protracted series of preliminary battles that have repeatedly stalled the main event.
Earlier in the week, the same bench threw out a separate State objection that sought to block the constitutional bail application on jurisdictional grounds.
Justices Mulenga, Chibwili, and Wishimanga made it clear that their decision settled only the admissibility of the disputed affidavit material—leaving the central question of whether Mr Mundubile, Mr Zulu and their co-accused should be granted constitutional bail yet to be decided.