TWIST IN DOCK
….State and defence strike a dramatic truce to add DPP to Mundubile and others treason bail case, adjourning battle to October 28
By DAVID KANDUZA
IN a striking courtroom compromise that has reshaped Zambia’s most explosive post-election legal battle, Attorney General Mulilo Kabesha has revealed that the State and the defence have agreed to drop two personally sued police officers from the blockbuster constitutional bail case involving former presidency contestants Brian Mundubile and Makebi Zulu.
Director of Public Prosecutions (DPP) Gilbert Phiri would be formally added to the roster of respondents.
The high-stakes legal showdown, originally set to flare up in the Lusaka High Court, had been adjourned to October 28, 2026, for a definitive hearing.
The dramatic pivot follows intense cross-fire regarding how the high-profile prisoners were being legally processed and physically handled.
The 18 petitioners—including Mr Mundubile, presidential candidate for the National Reconciliation Party for Unity and Prosperity (NRPUP), his running mate Zulu and former Anglican Bishop Trevor Mwamba—remained heavily guarded at the notorious Mukobeko Maximum Correctional Facility.
They were swept up in a dragnet of severe, capital charges—including treason, sedition, and terrorism-related offences—following the aftermath of the August 13, 2026 general elections.
In a sworn affidavit, Assistant Superintendent Saviours Hakumbi from the Fraud and Cyber Crimes Unit vehemently argued that the Attorney General and Zambia Correctional Service Commissioner General Frederick Chilukutu were merely public officers doing their jobs and could not be targeted in their individual capacities.
More crucially, the State insisted that because constitutional bail proceedings were deeply rooted in criminal allegations, they could not move an inch without the DPP sitting at the table.
The opposition team, meanwhile, continued to slam the State’s sluggishness as an unlawful political blockade.
They argued that their continued detention without an open trial violates their core constitutional rights, demanding an immediate release either unconditionally or on reasonable bail terms.
By adding DPP Gilbert Phiri, the case now locks in the State’s chief prosecutor, setting up an almighty clash of legal titans.
The State had already warned that treason cases were inherently complex, sprawling webs that required extensive investigative patience, pointing to the historic, lengthy trials of Edward Jack Shamwana and President Hakainde Hichilema as clear judicial precedents.
Conversely, the defence insisted the State’s treason file was a hollow ‘fabrication’ used to justify a post-election purge.
When the calendar flips to October 28, the constitutional fate of Mr Mundubile and his co-accused would fall squarely into the hands of a high-powered three-judge panel consisting of Ndola-based High Court Judge Derrick Mulenga, alongside Judges Davis Chibwili and Ireen Wishimanga.
Until then, the nation holds its breath as the keys to Mukobeko hang delicately in the balance.