MUNDUBILE, ZULU FACE FRESH LEGAL BATTLE AS SEDITION CASE MOVES TO LUSAKA, BAIL HEARING ADJOURNED
By: Augustine Kapambwe
The sedition case involving opposition leader Brian Mundubile and Tonse Pamodzi Alliance Vice President Makebi Zulu has been transferred from Solwezi to Lusaka, as their separate constitutional bail proceedings in the treason case have been adjourned to tomorrow.
The Solwezi High Court ruled that the circumstances of the sedition case, taken collectively, established a stronger connection with Lusaka and that the Subordinate Court sitting in Solwezi was not the correct and appropriate forum to hear and determine the matter.
The transfer means the sedition proceedings will now be heard and determined in Lusaka.
Meanwhile, the constitutional bail hearing involving Mr Mundubile, Mr Zulu and 16 others took a dramatic turn after the State challenged the Lusaka High Court’s jurisdiction to grant them bail.
Acting Chief State Advocate Chibesa Mulonda argued that constitutional bail could not be pursued through a constitutional petition, insisting that the applicants should instead seek bail through criminal proceedings.
The State’s objection shifted the proceedings to a preliminary legal battle over whether the High Court had the jurisdiction to entertain the application in its current form.
The defence opposed the State’s challenge, with lawyer Milner Katolo arguing that the Director of Public Prosecutions had initially been barred from raising the issue after failing to file an answer to the petition.
However, the court dismissed that initial objection and subsequently allowed the Acting Chief State Advocate to raise a fresh jurisdictional challenge after the State filed its response to the petition.
In another dramatic development, Mr Zulu informed the court that he would represent himself in the constitutional bail proceedings.
The seasoned lawyer reportedly declined an adjournment intended to give him more time to familiarise himself with the matter, indicating that he was ready to proceed.
His decision comes against the background of the landmark 1975 Shamwana v The People case, in which Mr Shamwana represented himself.
The proceedings were held under tight security, with heavily armed police officers in riot gear deployed around the Lusaka High Court.
Access roads and entrances to the court premises were also blocked as security agencies maintained heightened security during the high-profile hearing.
Mr Mundubile, Mr Zulu and the 16 co-accused have been in custody since August 14, 2026, following their arrest a day after the August 13 General Election.
They are facing treason and terrorism-related charges, which they are yet to answer before the courts.
The State has opposed their release, citing the risk of absconding, possible interference with witnesses and the severity of the offences, which attract life imprisonment upon conviction.
The constitutional bail proceedings have been adjourned to Friday, November 6, 2026, at 09:00 hours.
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