MUNDUBILE, ZULU AND 16 OTHERS: CONSTITUTIONAL BAIL HEARING ADJOURNED AS STATE ASSURES COURT OF APPLICANTS' ATTENDANCE

By Pauline Ngozoh

The Lusaka High Court has adjourned the constitutional bail application for Hon. Brian Mundubile, Makebi Zulu and 16 others to tomorrow, October 29, 2026 at 10:00 hours, to allow for completion of filing and to secure the attendance of the applicants.

The matter came up this morning before a three-judge bench comprising Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga.

Representing the State as First Respondent was the Attorney General, Mr. Mulilo Kabesha, SC, while the Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, SC, attended in person as Second Respondent.

The Learned DPP was accompanied by Chief State Advocate Mrs. Chali-Mbewe Hambayi, Deputy Chief State Advocate in charge of Lusaka Province Mr. Frank Sikazwe, Deputy Chief State Advocate in charge of Appeals and Legal Services Mrs. Mercy Lungu, Deputy Chief State Advocate in the Office of the DPP Ms. Makumba G. Kashishi, and State Advocate Ms. Felicia Chongo. Mrs. Monde Muyoba-Chizongo, Deputy to the Lusaka Province DCSA, was also placed on record as part of the team representing The People.

When the case was called, counsel for the applicants, State Counsel Bonaventure Mutale, informed the court that the defence had received the State's Skeleton Arguments, Affidavit in Opposition and Supplementary Affidavit on October 27, a day before the hearing.

Mr. Mutale said while they had prepared a response, they could not execute the replying affidavits because their clients, who are detained at Mukobeko Maximum Security Correctional Facility, had not been produced before court. He therefore sought a short adjournment and urged the court to issue an express order for the applicants to be brought.

In response, the Attorney General, Hon. Mulilo Kabesha, SC, said he did not oppose the application for adjournment. On the issue of production, Mr. Kabesha said the court had been affirmative and assertive and that the State respects court orders.

He disclosed that as of yesterday, the First and Second Respondents had been in communication and that he personally engaged Chief State Advocate Mrs. Chali-Mbewe Hambayi, and they agreed that the applicants should be presented. He assured the court that the applicants will be present tomorrow and rendered apologies for their absence today.

The Learned Director of Public Prosecutions, Mr. Gilbert A. Phiri, SC, informed the court that the State had complied with the Consent Order executed on October 23, 2026. He explained that after the parties agreed by consent to join his office as a respondent and remove two officers who had been cited in their personal capacities, his office was duly served on October 23.

Pursuant to Clause 3 of the Consent Order, Mr. Phiri said the State filed its response on October 27 and served the defence at 16:42 and 16:45 hours respectively. He added that the State adopts the Attorney General's position on the adjournment and remains amenable to the applicants being brought before court, even though the matter is a chamber application.

Counsel for the applicants, while appreciating the assurance, still prayed that the court makes an affirmative order for production and that the Officer-in-Charge at Mukobeko be required to explain the non-production today.

The court has since directed that the applicants be produced tomorrow.

The application, filed on October 14, 2026 under Articles 13(3) and 18(1) of the Constitution, contends that continued detention is unreasonable. The State opposes the application. The court is yet to determine whether bail should be granted. All accused remain presumed innocent until proven guilty