By Amb. Anthony Mukwita
STATE vs MUNDUBILE: High Court to Decide Fate of Bail Plea as Defence Cries 72-Day Illegal Detention
… adjourned to 10 November
LUSAKA -The protracted detention of Leader of the Opposition Brian Mundubile, former Solicitor Makebi Zulu and 16 others has now clocked 72 days — an illegal prolonged detention, according to defence lead counsel Sakwiba Sikota, SC.
Appearing before a Three-Judge panel of the High Court Thursday, Sikota argued that the continued incarceration of his clients without trial is unconstitutional and a breach of their fundamental right to liberty and presumption of innocence.
The State, however, raised a preliminary issue — seeking to throw out the Constitutional Bail Application on procedural grounds.
The High Court panel has adjourned the matter to November 10, 2026, when it will deliver a ruling on whether the State’s preliminary objection holds water or whether the Defence argument prevails
Two scenarios are on the table next week — and both are groundbreaking.
If the Court dismisses the State’s preliminary issue, it will proceed to hear the full Constitutional Bail Application on its merits, opening the door for the release of the 18 on bail.
If it sides with the State, the application will be dismissed without being heard — a move the Defence has already signaled it will challenge as a constitutional injustice.
The stakes are high. Mundubile and Makebi return to the Lusaka High Court next week on a separate track to seek bail over sedition charges — a matter that has now been consolidated in public perception with the main treason-related detention.
Security: War Zone
Outside Court, security remained fortified like a proverbial war zone or crime scene,baccording to eyewitness accounts and pictures seen by this publication.
Heavily armed paramilitary officers, anti-riot trucks, and plain-clothes operatives cordoned off the entire High Court precinct, screening every vehicle and pedestrian. Lawyers, journalists and family members were subjected to multiple checkpoints.
“It was not a court, it was a barracks,” one eyewitness told this reporter.
Background & Context
Mundubile, Makebi and 16 others have been in custody since late August 2026 following their arrest over alleged seditious and related offences — charges they deny. The Defence has consistently argued that the State is using prolonged detention as punishment, while the State maintains the offences are non-bailable and of grave national security concern.
The 72-day mark is critical under Zambian jurisprudence, where constitutional bail must be considered where trial is delayed unreasonably.
November 10 will decide whether the gates open or remain shut. Pp
Lusaka High Court
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