Zambia's Political Storm Intensifies: High Court Demands 18, Including Mundubile and Zulu, Face Bail Denial

Makebi Zulu, a former Malambo MP and Eastern Province Minister, finds his political journey taking a dramatic turn as he, along with Brian Mundubile, his running mate for the August 2026 elections, faces a series of serious legal battles. Both leaders, who deny the allegations against them, are currently embroiled in court proceedings that could profoundly impact their immediate political futures. On October 28, 2026, a critical High Court hearing is scheduled to address a constitutional bail application involving Zulu, Mundubile, and 16 other accused persons.

The State has vehemently opposed the constitutional bail application, urging the Lusaka High Court to dismiss it. Senior Superintendent of Police Donald Mulimba, Officer-in-Charge of Crime 1 at the Zambia Police Service Criminal Investigations Department headquarters, submitted an affidavit arguing that the applicants are flight risks who could interfere with State witnesses. Mulimba contended that the 18 applicants, charged with serious offences of treason and prohibition of terrorism, have failed to demonstrate unreasonable delay in their detention or significant prejudice warranting constitutional bail. He highlighted the complexity of the investigations, which involve extensive examination of large volumes of digital forensic evidence, financial records, and cross-border inquiries, noting the perennial resource constraints faced by law enforcement agencies.

Citing legal precedents from the Supreme Court of Canada (R v Morin), the Zambian case of Shamwana v The People, and a Zimbabwean Constitutional Court judgment (Lovemore Itai Mukandi and others), the State maintained that a two-month delay in such complex circumstances is not unreasonable. Further strengthening its argument, the State alleged that Mundubile and Zulu previously evaded arrest by fleeing into the United Nations House, necessitating special arrangements for their apprehension. Mulimba also asserted that due to their considerable political influence and access to extensive networks, given their roles as president and vice-president of a political party in the 2026 elections, they pose a significant risk of interfering with State witnesses. Given that the offences carry a maximum penalty of life imprisonment, the State argued that no bail conditions could guarantee their attendance before the court, emphasizing that their continued detention is necessary for public safety and national security.

In a related development, a powerful three-judge bench of the Lusaka High Court, sitting on October 28, 2026, issued a stringent directive to prison authorities and the State—comprising the Director of Public Prosecutions (DPP) and Attorney General (AG)—to produce all 18 political detainees before the court at 10:00 hours without fail. This order came after more than 62 days of detention, attracting significant national and international scrutiny. The court's unusually firm language included a warning that non-compliance would require an explanation from prison authorities and could lead to severe consequences. Among the detainees expected to appear are Brian Mundubile, the Leader of the Opposition in Parliament, prominent lawyer Makebi Zulu, and Bishop Trevor Mwamba, all facing treason-related allegations stemming from the fiercely disputed August 13 national polls.

The imminent proceedings are seen as a crucial test for Zambia's constitutional rights, judicial authority, and public confidence in its democratic institutions. Critics have raised concerns over the extended detention period, arguing that it contravenes the legal provision of a 48-hour limit for detention without judicial oversight. Conversely, government supporters insist on allowing legal procedures to run their course due to the gravity of the allegations. Human rights advocates have also voiced apprehension regarding reports that some detainees are held within the general prison population, underscoring the paramount importance of their welfare and security. The outcome of this legal drama, now entering a critical new chapter after over two months of intense media glare, is poised to shape not only the future of the accused but also public perceptions of Zambia’s justice system. The focus now shifts to whether the detainees will be produced as ordered and what relief the court may grant.