Rights group Chapter One Foundation has told the State that the seriousness of an offence does not justify prolonged detention without judicial oversight — a direct answer to Director of Public Prosecutions Mr Gilbert Phiri, who has attributed delays in prosecuting the treason case to ongoing investigations and said complicated matters such as treason take time.

COF Executive Director Mr Josiah Kalala's position is that time spent investigating cannot be time spent in prison without a court overseeing the detention. Mr Phiri has previously said investigators must gather witness statements, medical reports and other evidence before a fully supported case can go to court, citing the historic treason trial of Mr Edward Jack Shamwana as an example of how long such cases can take. The 18 detainees have yet to appear before a court on the treason charge.

The question of how they are being treated in custody has now sharpened. Senior counsel Mr Sakwiba Sikota has appealed to President Hakainde Hichilema to intervene after authorities at Mukobeko Maximum Security Correctional Facility in Kabwe allegedly blocked food meant for Mr Brian Mundubile and 17 others. He said the families sent the food to the prison through the Anglican Cathedral of the Holy Cross on Wednesday 7 October, and that it was confiscated at the gate without explanation and never reached the detainees — who include retired Anglican bishop Mr Trevor Mwamba.

These are persons presumed innocent until proven guilty. Denying them food from their families is cruel and degrading. This is an embarrassment to the State.
— Mr Sakwiba Sikota, senior counsel for the detainees — Lusaka Times

Mr Sikota described the seizure as inhumane, unconstitutional and politically motivated, and urged the President to order the Zambia Correctional Service to stop the practice, calling it a test of his rule-of-law commitment. The Correctional Service had not responded to queries at the time of publication. It is not the first dispute over meals: in September, Mr Sikota said Mr Mundubile and Mr Zulu had asked to receive food from outside the facility rather than eat what was prepared internally, a request prison authorities turned down.

The length of detention varies across the group. Mr Mundubile and Mr Zulu had been held for 51 days without appearing before a court; Lusaka businessman Mr Valden Harry Findlay for more than 68 days. The detainees have petitioned the State over violations of their constitutional rights arising from detention without trial — a petition that also cites the alleged torture of three detainees said to have been moved to Mwembeshi Correctional Facility and back on 7 September without their lawyers' consent. The Law Association of Zambia has called for the release of detainees who have not been taken to court.

The legal calendar

Today, attention turns back to Solwezi, where Principal Resident Magistrate Mambwe Mukonde is due to rule on whether her court has jurisdiction to hear the separate seditious practices case against Mr Mundubile and Mr Zulu — and could take plea. The pair arrived in Solwezi on Sunday for the sitting. From 26 October to 6 November, the High Court hears the detainees' application over the prolonged detention itself.

The legal calendar

  • Tuesday 13 October — Solwezi jurisdiction ruling in the sedition case; plea possible
  • 26 October – 6 November — High Court hearing of the detainees' prolonged-detention application
  • Treason charge — the 18 accused have yet to appear before a court

Confirmed vs. alleged

Confirmed: Chapter One Foundation's statement answering the DPP; Mr Sikota's account of the Wednesday food seizure as reported by Lusaka Times; the detention durations (51 days for Mr Mundubile and Mr Zulu, more than 68 for Mr Findlay); the Solwezi ruling date and the 26 October – 6 November High Court window.

Alleged or unverified: The alleged gate seizure itself, which the Zambia Correctional Service had not answered; the torture allegations in the petition, which remain untested; and the outcome of today's Solwezi ruling, still pending at press time.

Sources: Lusaka Times, “Seriousness Of Treason Charges Does Not Justify Prolonged Detention, Says COF, As Food Is Seized At Mukobeko” (12 Oct 2026); Zambian Observer, “Mundubile, Makebi Zulu arrive in Solwezi ahead of Tuesday court appearance” (12 Oct 2026); Times of Zambia, “Court rejects oral submissions in Mundubile case” (6 Oct 2026); Lusaka Times, “Mundubile And Zulu Detention Heads To The High Court From October 26” (2 Oct 2026).

Back to the front page