Brian Mundubile, Makebi Zulu and 16 co-accused have told the High Court that they should be released on constitutional bail because the State, by its own account, is still investigating them after charging them with treason, News Diggers reported on Monday 26 October. According to the paper, the 18 argue that the State cannot rely on continuing investigations to hold them indefinitely without trial, that this amounts to an admission that it is not ready to prosecute, and that their detention violates their constitutional rights. They have also sued the Attorney-General, Mulilo Kabesha, over alleged breaches of their rights while in custody.
The application is due back in court on Wednesday 28 October at 09:00. Zambia Monitor reported on Thursday 22 October that the previous sitting, before a panel of Ndola High Court Judge Derrick Mulenga and Justices Davies Chibwili and Ireen Wishimanga, did not reach the merits. Preliminary issues raised by the State stalled the proceedings; the two sides then agreed by consent to join the Director of Public Prosecutions, Gilbert Phiri, as a respondent and to remove two officials who had been sued personally, the head of the Anti-Fraud and Cyber Crime Unit, Harrington Akushanga, and the Commissioner-General of the Correctional Service, Frederick Chilukutu.
What the State has said
Zambia Monitor reported the Attorney-General as telling reporters after the chamber hearing that the two officials had been performing official duties and had not been served, and that the DPP was joined because the application arose from criminal proceedings. Phiri was to be served with the application and arguments once the consent order was filed, with no deadline set for his response. The defence, led by Sakwiba Sikota, said the accused had conceded the State's preliminary points to avoid further delay, but the State still asked for more time. The defence also complained that the 18 had not been brought to court, leaving counsel unable to take final instructions; the State gave no reason for their absence and the court directed that they be produced on Wednesday.
The accused, who include the former Anglican bishop Trevor Mwamba, are held at Mukobeko Maximum Security Prison and face charges including treason and offences relating to terrorism and sedition, according to Zambia Monitor. They allege that they were not brought before a competent court for about two months after their apprehension. News Diggers' report refers to an arrest over allegations concerning the possession of high-grade military material; the detail of that allegation, and the State's written answer to Monday's arguments, were not available in the published text.
Confirmed vs. alleged
Confirmed: That 18 accused including Mundubile and Zulu have applied for constitutional bail; that the application returns to a three-judge panel at 09:00 on 28 October with the accused to be produced; that the DPP has been joined and two officials removed by consent; and the charges as described: Zambia Monitor, 22 October. The accused's argument that continuing investigation shows the State is not ready to prosecute: News Diggers, 26 October.
Alleged or unverified: The State's response to the arguments reported on Monday, whether the panel will rule on Wednesday, and the substance of the allegations against the 18, which have not been tested in court. All 18 are presumed innocent.
Sources: News Diggers, “Give us bail, State is not ready to prosecute – Mundubile” (26 Oct 2026); Zambia Monitor, “Mundubile, Zulu, 16 others' bail hearing adjourned to next week” (22 Oct 2026).