HIGH COURT TO RULE ON STATE CHALLENGE TO MUNDUBILE, ZULU BAIL APPLICATION

The Lusaka High Court will on Tuesday, 10 November, rule on a preliminary objection by the State challenging the legal competence of a constitutional bail application filed by Brian Mundubile, Makebi Zulu and 16 others.

A panel comprising Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga reserved its decision after hearing arguments from both sides, with submissions concluding on Friday.

The State argues that the bail application is criminal in nature and should have been filed through the criminal registry rather than the civil registry.

It says the procedure used renders the application incompetent and has asked the court to dismiss it, while clarifying that its objection does not concern the substantive constitutional petition.

The petitioners have opposed the objection. Mr Zulu, who is representing himself, maintains that the application invokes the High Court’s constitutional jurisdiction under Article 28.

State Counsel Sakwiba Sikota also questioned how the petitioners could have been expected to use the criminal registry when, according to their position, they had not been charged.

Attorney General Mulilo Kabesha, SC, argued in response that bail applications can be filed independently of an existing criminal cause, citing the separate “HBA” reference numbers assigned to such applications in the High Court. Tuesday’s ruling will determine whether the bail application is legally competent to proceed.