Mundubile, Makebi sue State
…18 treason suspects challenge detention, rights violations
By EMV REPORTER
LEADING opposition candidate Brian Mundubile, his running mate Makebi Zulu and 16 other petitioners have asked the High Court to declare their continued detention unlawful and unconstitutional citing violations of their fundamental rights.
The 18 petitioners, who are currently detained at Mukobeko Maximum Correctional Facility, have filed a constitutional petition against the Attorney General Mulilo Kabesha, Harrington Akushanga and Fredrick Chilukutu, challenging the circumstances surrounding their arrests, detention, transfer to correctional facilities and denial of access to lawyers and family members.
The petitioners contend that their constitutional rights have been violated, stating: “The Petitioners assert that their right to be promptly presented before a competent court … have been violated by the arbitrary admission to Mukobeko Maximum Remand facility without a lawful warrant.”
According to the petition filed in the Lusaka High Court, the petitioners submitted that they are Zambian citizens detained over alleged offences of treason and prohibition of terrorism.
The petitioners content that three of the petitioners were picked up at Kenneth Kaunda International Airport on August 1, 2026 and held at unknown locations for more than nine days before being detained at the incomplete section of Mwembeshi Correctional Facility.
The petitioners submitted that they were denied contact with their families and legal counsel during their detention and that, despite a court order granting family visitation, access remained restricted.
The petitioners also raise the case of prominent Lusaka businessman Harry Valden Findlay, who was taken from his residence in Chisamba on August 4 by people acting under the authority of State security agencies.
The petitioners stated that Mr Findlay was initially held at Ibex Hill Police Station under a holding charge of financing terrorism before being jointly charged with three other petitioners with prohibition of terrorism.
The petitioners also said Mr Findlay was later taken to the incomplete section of Mwembeshi Correctional Facility, where he was isolated, denied access to lawyers and family, and deprived of his prescription medication.
The petitioners also challenge the detention of several other members of the group following a raid at Mundubile’s Kabulonga residence on August 14.
They submitted that a combined military and law-enforcement team raided the residence and subsequently took several petitioners to a command centre before they were detained at different police stations in Lusaka.
The petitioners said several of those petitioners were kept in police custody without charge for 16 days, while another petitioner was allegedly held for 11 days without charge and denied access to family and legal representation.
Mr Mundubile and Mr Zulu said they voluntarily presented themselves to police on August 27 and were kept in detention without charge until August 29, when they were jointly charged with the other petitioners with treason.
The petition says that in the early hours of August 30, the petitioners were airlifted to Kabwe and admitted to Mukobeko Maximum Correctional Facility without a lawful remand warrant.
Three petitioners said on September 7, 2026, they were taken from Mukobeko to Mwembeshi Correctional Facility without a lawful warrant.
The three petitioners said while at Mwembeshi, they were interrogated by three Zambia Army Special Forces personnel and allegedly threatened with loss of pension benefits if they failed to provide information incriminating Mr Mundubile and Mr Zulu
They further submitted that the officers offered clemency, State protection and reinstatement to the Army in exchange for them becoming State witnesses against Mr Mundubile and Mr Zulu. The petition says the three were returned to Mukobeko on September 10.
The petitioners argue that their treatment amounts to breaches of Articles 13, 15 and 18 of the Constitution, among other legal provisions.
They contend that some of them were not informed promptly of the reasons for their arrest or detention, while others were denied timely and confidential access to legal representation.
The petitioners are asking the High Court to declare that detention beyond the period reasonably necessary to bring them before a competent court contravenes the Constitution and relevant provisions of the Criminal Procedure Code.
They also want the court to declare their admission and continued detention at Mukobeko and Mwembeshi unlawful where there is no valid remand warrant, court order or other lawful process.
Among the other reliefs sought are orders directing that they be removed from Mukobeko to the respective police stations where they were previously detained and that they should not subsequently be transferred to a remand correctional facility without a lawful court order.
The petitioners are also seeking declarations concerning restrictions on access to legal counsel, inhumane treatment and deprivation of prescription medication.
They are further claiming damages for unlawful detention, denial of access to legal counsel, mental anguish, indignity and consequential constitutional injury, as well as costs of the proceedings.