Authored By Mupishi Jones
Ba Zambia, stop crying “Justice Delayed!” Let me give you the FACTS they are hiding about today’s bail hearing for Brian Mundubile, Makebi Zulu and 18 others.
FACT 1: TREASON CASES TAKE TIME — THE STATE IS NOT COOKING, IT IS INVESTIGATING A SERIOUS CRIME
Kasonde Mwenda C says “trumped up treason case started 2023”. Boss, that is exactly why it is SERIOUS!
In State affidavit sworn by Assistant Superintendent Saviour Hakumbi of Zambia Police Fraud and Cyber Crimes Unit filed on 21st October 2026 in Lusaka High Court, State says:
Treason cases are the most complex cases in the world. They require extensive investigations, cyber forensics, militia links, terrorism financing.
State even asked Court to take judicial notice of THREE treason cases:
-Edward Jack Shamwana case took YEARS
-Christon Tembo treason case took YEARS
-Even President Hakainde Hichilema’s own treason case in 2017 took months before trial
If HH himself spent time in Mukobeko for treason, why should Brian Mundubile be above the law? The law is the same for everyone!
You cannot plan to raise militias and destabilize state after 13th August General Election and then expect to
in your bedroom the next day!
FACT 2: THE DPP MUST BE ADDED — THAT IS THE LAW, NOT A TRICK
Today’s case collapsed? NO! It was LEGALLY ADJOURNED to 28 October because defence made a LEGAL MISTAKE!
Listen:
Brian Mundubile sued two junior Police Officers and Attorney General. But the State argued in court — Article 13(3) Constitutional Bail is CRIMINAL in nature. The only person who can prosecute criminal cases in Zambia is the DIRECTOR OF PUBLIC PROSECUTIONS (DPP) under Article 180 of Constitution!
You cannot do a criminal bail application without the DPP! That is like doing a wedding without the bride!
Three-judge panel headed by Justice Derrick Mulenga (Ndola High Court), Justice Davies Chibwili and Justice Ireen Wishimanga AGREED with State — DPP must be joined!
That is not delay — that is correcting the case so it does not collapse tomorrow on technicality! Even Sakwiba Sikota SC knows this!
If you want them out, add the right party! Government is protecting the case from failing!
FACT 3: THEY ARE IN MUKOBEKO BECAUSE OF WHAT THEY ARE ACCUSED OF — NOT BECAUSE OF POLITICS
18 accused — not 19 — including Brian Mundubile, Makebi Zulu, George Chisanga, Patrick Mwansa, Bishop Trevor Mwamba, Brazil Soko, Francis Mulenga, Harry Findlay (businessman), Bernard Chewe, Jackson Mutyoka, Darius Mwila, Simon Phiri, and 6 former commandos.
They are accused of: TREASON, SEDITION, TERRORISM — plotting to raise militias after elections!
State affidavit says Court must consider:
-Seriousness of offence
-Risk of flight (they already hid at UN Office in Lusaka after raid!)
-Public safety
-Time in custody
When you are accused of plotting militia, you don’t stay at Woodlands Police! You go to Maximum! Even HH went to Mukobeko in 2017 — did you cry then? That is procedure for treason!
And Boss — Police cordoned High Court with armoured vehicles because last time in Solwezi, hundreds of supporters chanted slogans and tried to storm court! Government is protecting the court!
FACT 4: THEY WERE NOT DENIED FOOD — DEFENCE CONFIRMED THEY ORGANIZED FOOD
Kasonde Mwenda says “suffering without BAIL”. But in Court yesterday, State Counsel Sakwiba Sikota himself said: “We have hurriedly organised some food for them.”
They were woken at 04:00 in Kabwe to be in Lusaka by 07:00 — 3-hour journey! Yes, breakfast delayed — but food was provided! Correctional Service does not starve inmates!
Government denies violating rights — State affidavit says detention is lawful under Article 13!
FACT 5: BAIL IS NOT ACQUITTAL — EVEN IF GRANTED TOMORROW, CASE CONTINUES
If Court grants constitutional bail on 28 October, they will be released with conditions to appear for trial. It does not mean they are innocent! It means they wait for trial from home!
If bail is denied, they remain — but still have another petition from 26 October to 6 November for constitutional rights violation!
The law is working! Three judges are listening! Not one cadre!
CONCLUSION — STOP THE DRAMA, LET THE LAW WORK
Ba Zambia, Kasonde Mwenda C says “Jehovah is in control, Hope that refuses to die”. We agree! Jehovah also says — “Respect authority, for authority is ordained by law”!
You cannot:
-Hide at UN Office for days
-Refuse to surrender when Police raid your house (where Mutotwe Kafwaya died — Police are still investigating that shooting)
-Then claim Government is persecuting you when you are charged!
If investigation started in 2023, it means Police were patient for 2 years! They did not rush! That is professionalism!
Let the DPP be added on 28 October. Let State file its affidavit by lunch time today. Let defence reply tomorrow. Let Judges decide on Wednesday 08:30.
That is Rule of Law that HH promised — “No one above the law, no one below the law!”
FUGITIVE IS NOT VICTIM, AND TREASON ACCUSED IS NOT YET A VICTIM — HE IS AN ACCUSED PERSON AWAITING COURT!
I submit
Mupishi Jones
Political Analyst/ defender of the truth.
+260977480386