State Opposes MUNDUBILE’s Constitutional Bail Application
By Memory Bbuku
The State has opposed an application for constitutional bail by National Reconciliation Party for Unity and Prosperity presidential candidate BRIAN MUNDUBILE, his running mate MAKEBI ZULU and 16 others.
In an affidavit filed in opposition to the application in the Lusaka High Court, SAVIOURS HAKUMBI, an Assistant Superintendent in the Zambia Police Service’s Fraud and Cyber Crimes Unit, argues that Attorney General MULILO KABESHA and Zambia Correctional Service Commissioner General FREDERICK CHILUKUTU are public officers carrying out their official duties and cannot be sued in their individual capacities.
Mr. HAKUMBI further argues that constitutional bail proceedings are criminal in nature and cannot be determined without the Director of Public Prosecutions being a party to the proceedings.
He says treason cases generally take a long time to conclude because they involve extensive and complex investigations.
Mr. HAKUMBI has urged the court to take judicial notice of the time taken to conclude treason cases involving EDWARD JACK SHAMWANA, CHRISTON TEMBO and HAKAINDE HICHILEMA.
He says courts consider several factors when determining bail applications, including the nature and seriousness of the alleged offence, the risk of the accused absconding, public safety and the length of time spent in custody.
Mr. MUNDUBILE and his co-accused are seeking an order for their release, either unconditionally or on reasonable conditions that the court may consider necessary to ensure their attendance at trial or any preliminary proceedings.
They are also seeking a declaration that their continued detention without trial, in view of the period they have spent in custody, violates their rights under the law.
Those among the accused include former Anglican Bishop TREVOR MWAMBA, business executive HARRY FINDLEY and three former commandos.
Mr. MUNDUBILE, Mr. ZULU and the other accused are facing various charges, including treason, sedition and offences relating to the prohibition of terrorism, following the August 13, 2026 general election.
The bail application is scheduled to be heard tomorrow, October 21, 2026, before a panel comprising Ndola-based High Court Judge DERRICK MULENGA, sitting in Lusaka, alongside judges DAVIS CHIBWILI and IREEN WISHIMANGA.