LUSAKA – Opposition leader Brian Mundubile, his running mate Makebi Zulu, former Anglican bishop Trevor Mwamba and 15 other detainees are expected before the Lusaka High Court on Monday, October 19, 2026, as they seek constitutional bail over their continued detention in connection with treason and other charges.
The application places the question of prolonged detention without trial before the court, nearly two months after the group was arrested amid heightened political tensions following the August 13 general election.
The 18 applicants are asking the court to order their release, either unconditionally or under reasonable conditions, while their legal proceedings continue.
Their application also seeks a declaration that their continued detention, considering the time spent in custody without trial, violates their constitutional rights.
The hearing notice supplied to Zambian Eye indicates that the application is scheduled before High Court Judge Derick Mulenga in Chambers at 09:00 hours on October 19, or as soon thereafter as the applicants’ lawyers may be heard.
Why the detainees are challenging their continued detention
In the court documents, the applicants rely on Article 13(3) of the Constitution, which protects personal liberty, including safeguards relating to detention and the right to be released in certain circumstances when a person is not tried within a reasonable time.
They are asking the court to determine whether the period they have spent in custody without trial justifies their release.
The application does not ask the court to determine their guilt or innocence on the treason allegations at this hearing. Instead, it challenges the legality of their continued detention and seeks constitutional relief.
The applicants say they should either be released unconditionally or granted bail on conditions the court considers appropriate to secure their attendance at trial or preliminary proceedings.
The court has not yet ruled on the application, and the allegations of constitutional violations remain to be determined.
From arrest to Mukobeko
Mundubile, Zulu and other suspects were arrested in August 2026 in connection with allegations arising from events surrounding the general election.
The group was subsequently charged with treason and other offences and transferred to Mukobeko Maximum Correctional Facility in Kabwe.
The detention has attracted public and political attention because it involves prominent opposition figures, including Mundubile, who contested the presidency, and Zulu, his running mate.
The applicants have challenged the time they have spent in custody without the treason case proceeding to trial. The State’s position on the constitutional bail application will be important in determining how the court weighs the continued detention against the applicants’ constitutional rights.
The matter is separate from the underlying criminal proceedings, in which the State must establish the charges against the accused.
Who are the 18 applicants?
The court document lists the following applicants:
- Brian Mutayalwa Mundubile
- Makebi Zulu
- George Kangwa Chisanga
- Patrick Mwansa
- Trevor Mwamba
- Francis Mulenga
- Brazil Soko
- Jackson Mutyoka
- Bernard Chanda Chewe
- Richard Banda
- Emmanuel Mulenga
- Darius Mwila
- Simon Phiri
- Harry Valden Findlay
- David Chisopa
- Ezra Tolopa
- Dickson Tembo
- Victor Muzyamba
The Attorney General, Harrington Akushanga and Zambia Correctional Service Commissioner General Fredrick Chilukutu are named as respondents in the proceedings.
What happens if the court grants or refuses bail?
If the court grants constitutional bail, the applicants could be released subject to any conditions imposed by the judge. Such an order would not amount to an acquittal or terminate the criminal proceedings.
If the application is refused, they would remain in custody unless another lawful basis for release arises or a subsequent court order changes their status.
The court will have to consider the applicants’ constitutional arguments and the relevant legal requirements before making its determination.
The wider constitutional petition concerning the circumstances of the detainees’ arrests, transfers and treatment in custody is a separate proceeding scheduled for hearing before a three-judge panel from October 26 to November 6, according to the Tonse-Pamodzi Alliance’s earlier announcement.
That distinction is important: Monday’s application concerns constitutional bail, while the wider petition seeks judicial determination of alleged violations of the detainees’ rights.
For now, the immediate question before the Lusaka High Court is whether the 18 applicants should remain in custody or be released on constitutional bail while their cases proceed.
Zambian Eye will follow the hearing and report the court’s decision and the arguments presented by both sides.