The Solwezi Magistrates’ Court has referred the sedition case involving 2026 presidential candidate Brian Mundubile and his running mate, Makebi Zulu, to the High Court for determination after ruling that it lacks jurisdiction to hear the matter.
The decision follows a challenge by the defence, which argued that the alleged offences were committed in Lusaka, rather than Solwezi, where the proceedings had been taking place.
The duo appeared before Solwezi Principal Resident Magistrate Mambwe Mukonde, with the latest development marking their third court appearance in connection with the sedition case. Previous reporting identified Magistrate Mukonde as the judicial officer handling the matter.
What led to the referral?
Mundubile, the National Reconciliation Party for Unity and Prosperity (NRPUP) candidate in the August 2026 general election, and Zulu, his running mate, are facing two counts of alleged seditious practices.
The charges relate to material allegedly published through livestreams on their respective Facebook pages concerning the outcome of the general election. The prosecution alleges that the pair made claims based on their parallel vote tabulation about the presidential election and parliamentary seats.
The defence challenged the decision to prosecute the case in Solwezi, maintaining that the alleged conduct occurred in Lusaka and questioning whether the Solwezi court was the proper venue.
The court had set October 13 for a ruling on the jurisdiction question after considering the parties’ written submissions.
What does the High Court referral mean?
The ruling is significant because it addresses the court’s authority to handle the case, rather than determining whether the accused committed the alleged offences.
The referral means the matter will go to the High Court for determination of the issue placed before it. The next procedural steps will depend on the High Court’s consideration and any directions issued.
Importantly, the referral should not be interpreted as an acquittal or a dismissal of the charges. It is a development concerning jurisdiction and the legal process. The allegations remain allegations, and the accused are entitled to the presumption of innocence.
The decision also means that the expected progression towards plea-taking and trial in Solwezi cannot simply be assumed to proceed as previously anticipated.
A separate treason case remains pending
Mundubile and Zulu are also jointly charged with 16 other individuals in a separate treason case, which has yet to commence.
That case is distinct from the sedition proceedings referred to the High Court. The referral of the sedition matter does not, by itself, determine the status or outcome of the separate treason case.
The latest development therefore leaves two separate legal matters to follow, each with its own proceedings and questions for determination.
For now, the central issue is how the High Court will deal with the jurisdiction question and what directions will follow for the sedition case.
Zambian Eye will continue to follow the proceedings and report further developments as they are confirmed.