The 18 people detained since the aftermath of the 13 August general election will spend at least another week at Mukobeko Maximum Correctional Facility in Kabwe. Their application for constitutional bail, which stalled on Monday 19 October when the State said it was not ready, returned to the Lusaka High Court on Wednesday 21 October — and, according to the Zambian Observer, left again with a new date of 28 October and a new respondent, Director of Public Prosecutions Gilbert Phiri.
The applicants are Brian Mundubile, the NRPUP’s presidential candidate at the August election, his running mate Makebi Zulu, and 16 others. Among those named in the court papers reported by Lusaka Times and Zambia Monitor are former Anglican Bishop Trevor Mwamba, business executive Harry Findley, Patrick Mwansa, lawyer George Chisanga and three former commandos. They face charges that include treason, sedition and offences under the anti-terrorism law, arising from what the authorities describe as an alleged militia operating after the election. Mr Mundubile denies that his party had a militia, Zambia Monitor reported.
What the State now says
The State’s position, filed after Monday’s adjournment, is set out in an affidavit sworn by Assistant Superintendent Saviours Hakumbi of the Zambia Police Service’s Fraud and Cyber Crimes Unit, reported by Zambia Monitor, News Diggers and the Zambian Observer. It denies that the applicants’ constitutional rights have been violated. It argues that treason cases are complex, require extensive investigation and consultation and therefore often take a long time to conclude, and it asks the court to take judicial notice of how long the treason cases of Edward Jack Shamwana, Christon Tembo and Hakainde Hichilema took.
On bail itself, the affidavit says the court should weigh the seriousness of the charges, the risk of flight, public safety and the time already spent in custody. It also contends that Attorney General Mulilo Kabesha and Correctional Service Commissioner General Fredrick Chilukutu are public officers doing their jobs and cannot be sued in their personal capacities, and that a constitutional bail application is criminal in nature and cannot proceed without the DPP as a party. News Diggers lists the original respondents as the Attorney General, Harrington Akushanga and the Commissioner General.
Wednesday’s hearing
The Zambian Observer, in two reports on Wednesday afternoon, says the matter came before the panel led by Ndola-based High Court Judge Derrick Mulenga, sitting with Judges Davies Chibwili and Ireen Wishimanga, and that the State and the defence agreed by consent to add Mr Phiri as a respondent and to remove the individuals cited in their personal capacities. Mr Kabesha is reported to have said the application is criminal in nature and that the DPP will respond once the agreement is filed. Defence lawyer Sakwiba Sikota is reported to have said the defence could not oppose the application in the interest of justice, while expressing concern that the accused were brought to court without any explanation from the State. The hearing was set for 28 October. No other outlet had reported Wednesday’s proceedings by the time this edition closed.
How Monday went
Monday’s sitting lasted long enough for Acting Chief State Advocate Chibesa Mulonda to ask for more time to file an opposing affidavit, which the panel granted, according to Lusaka Times and the Times of Zambia. The State was ordered to serve its papers by lunchtime, the defence to reply the next day, and arguments were set for Wednesday at 08:30. The accused were not in chambers for the procedural exchange and were briefed by their lawyers in the court cells.
Mr Sikota told journalists that the 18 had been woken at about 04:00 in Kabwe and driven to Lusaka without breakfast, and that the defence had served its summons the previous Thursday.
We had served the State last Thursday; they have had the documents for a number of days now.
— Sakwiba Sikota, State Counsel for the applicants, speaking to journalists at the Lusaka High Court on Monday 19 October, as reported by Lusaka Times
Separately, Tonse Alliance secretary general Muhabi Lungu said in an interview on Tuesday that the defence had asked for the detainees to be kept in Lusaka so that lawyers could consult them without travelling to Kabwe, News Diggers reported.
What the applicants argue
The application, as reported by Lusaka Times when it was filed, accepts that the State is entitled to investigate but says an incomplete investigation cannot justify prolonged detention without judicial proceedings. It relies on a statement attributed to Mr Phiri on 14 September that treason investigations were continuing, cites alleged irregularities over remand warrants, detention conditions and access to medical care, and says that three of the applicants — Ezra Tolopo, Dickson Tembo and Victor Muzyamba — were apprehended at Kenneth Kaunda International Airport on 1 August and held at unknown locations for more than nine days. The applicants ask to be released, unconditionally or on conditions, and for a declaration that detention without trial within a reasonable time violates their rights.
Key dates
- 1 August — three applicants reportedly apprehended at Kenneth Kaunda International Airport
- 13 August — general election
- 14 October — constitutional bail application filed, per the Zambian Observer
- 19 October — hearing adjourned after the State asks for more time
- 21 October — DPP joined by consent; hearing set for 28 October (Zambian Observer)
Confirmed vs. alleged
Confirmed: Eighteen applicants including Brian Mundubile and Makebi Zulu are held at Mukobeko and have applied to the Lusaka High Court for constitutional bail (Lusaka Times, Times of Zambia, Zambia Monitor, News Diggers). The matter is before Judges Derrick Mulenga, Davies Chibwili and Ireen Wishimanga. Monday’s hearing was adjourned to Wednesday at the State’s request. The State has filed an affidavit by Assistant Superintendent Saviours Hakumbi opposing release and seeking the DPP’s joinder.
Alleged or unverified: Wednesday’s consent order joining DPP Gilbert Phiri, the removal of personally cited respondents and the 28 October date are so far reported only by the Zambian Observer. The 1 August airport detentions and the conditions of transport are the applicants’ and their lawyers’ accounts, not findings of the court. The underlying treason, sedition and terrorism allegations have not been tested; none of the 18 has been convicted of anything.
Sources: Lusaka Times, “Mundubile Bail Hearing Moved To Wednesday After State Seeks More Time” (20 Oct 2026); Zambia Monitor, “Zambian govt denies violating rights of detained opposition figures, Mundubile, Zulu, 16 others” (21 Oct 2026); Times of Zambia, “Mundubile, 17 others’ bail hearing adjourned” (20 Oct 2026); News Diggers, “State opposes Mundubile, Makebi’s bid for constitutional bail” (21 Oct 2026); News Diggers, “Lawyers want Mundubile, others kept in Lsk for easier consultations – Muhabi” (21 Oct 2026); Zambian Observer, “STATE, MUNDUBILE LAWYERS AGREE TO JOIN DPP TO CONSTITUTIONAL BAIL PROCEEDINGS” (21 Oct 2026); Zambian Observer, “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” (21 Oct 2026); Zambian Observer, “State Opposes MUNDUBILE’s Constitutional Bail Application” (20 Oct 2026); Zambia Monitor, “Mundubile, Zulu to spend more time in jail as Zambian govt delays bail hearing” (19 Oct 2026); Lusaka Times, “Mundubile, Makebi Zulu And 16 Others Ask High Court For Constitutional Bail” (15 Oct 2026).