Zambian Opposition Leader Mundubile's Bail Application Ignites Courtroom Drama
A significant legal battle over a treason case is underway in the Lusaka High Court, with a bail application for several high-profile suspects, including Mr. Mundubile and former Bishop Trevor Mwamba. The state faces scrutiny for prolonged detentions without trial, while the prosecution argues against bail, citing the complexity of treason investigations and public officer immunity. A panel of judges is set to hear the crucial application.
A high-stakes legal battle is unfolding in the Lusaka High Court concerning a treason case, with a significant bail application scheduled for hearing.
The case involves several prominent individuals, including Mr. Mundubile, former Anglican Bishop Trevor Mwamba, business executive Harry Findley, and three former commandos, all facing charges of treason, sedition, and offences relating to the prohibition of terrorism. These charges stem from events following the August 13, 2026 general election.
The current contention revolves around the prolonged detention of suspects without trial in Mukobeko prison.
Critics have expressed profound concern, highlighting the state's alleged failure to commence the treason case despite claiming investigations began three years prior.
This delay has led to calls for divine intervention to guide the judges to uphold justice and the Rule of Law, with proponents emphasizing hope for the innocence of the leaders involved.
In response to an application seeking the release of the accused, an affidavit was filed in opposition by Saviours Hakumbi, an Assistant Superintendent in the Zambia Police Service’s Fraud and Cyber Crimes Unit.
Mr. Hakumbi argues that Attorney General Mulilo Kabesha and Zambia Correctional Service Commissioner General Frederick Chilukutu, being public officers carrying out official duties, cannot be sued in their individual capacities.
Furthermore, he contends that constitutional bail proceedings are inherently criminal and necessitate the Director of Public Prosecutions (DPP) as a party to the proceedings.
Mr. Hakumbi underscored the typically lengthy and complex nature of treason investigations, urging the court to acknowledge the time taken to conclude historical treason cases involving figures such as Edward Jack Shamwana, Christon Tembo, and Hakainde Hichilema.
He reiterated that courts consider various factors when evaluating bail applications, including the nature and seriousness of the alleged offence, the risk of the accused absconding, public safety, and the duration of time spent in custody.
The applicants, led by Mr. Mundubile, are seeking an order for their release, either unconditionally or under reasonable conditions set by the court, to ensure their attendance at trial or any preliminary proceedings.
They are also petitioning for a declaration that their continued detention without trial, considering the period they have already spent in custody, constitutes a violation of their rights under the law.
The crucial bail application is set to be heard on October 21, 2026, before a distinguished panel of judges.
This panel comprises Ndola-based High Court Judge Derrick Mulenga, who will be sitting in Lusaka, alongside Hon. Mr. Justice Davies Chibwili and Hon. Lady Justice Ireen Tilisa Wishimanga.
Justice Mulenga was appointed to the High Court on December 8, 2015, and serves as Judge-in-Charge of the Industrial Relations Division. Justices Chibwili and Wishimanga, both appointed on May 27, 2026, are judges of the Economic and Financial Crimes Division of the High Court.
Notable figures associated with the legal and political landscape, such as Kasonde Mwenda C, President of the Economic Freedom Fighters-EFF and a member of the Tonse-Pamodzi Alliance Council of Presidents,have been mentioned in connection to the ongoing developments, expressing unwavering hope for the trajectory of justice.