LUSAKA – The State has been granted more time to prepare its opposition to a constitutional bail application by detained opposition leader Brian Mundubile, his running mate Makebi Zulu and other accused persons facing treason and related charges.
The matter came before the Lusaka High Court on Monday, October 19, 2026, but the State informed the court that it was not ready to proceed and requested an adjournment to prepare its response.
The court granted the request and scheduled the matter for Wednesday, October 21, at 08:30 hours.
The adjournment means the court will not yet determine whether the applicants should be released on constitutional bail.
Court sets timetable for legal submissions
The defence had served the State with the application documents last Thursday.
Following the State’s request for more time, the court directed it to serve its opposing documents on the defence by midday on Monday.
The defence is then expected to file its response, with the State required to reply by Tuesday ahead of Wednesday’s hearing.
The timetable sets out the next steps in the exchange of arguments before the court considers the application.
Why the applicants want constitutional bail
Mundubile, Zulu and their co-applicants are challenging their continued detention without trial, arguing that it violates their constitutional rights.
In their application, they are asking the High Court to order their release, either unconditionally or under reasonable conditions to ensure their attendance at trial or other proceedings.
They have also asked the court to declare that their continued detention, considering the time they have spent in custody without trial, violates Article 13(3) of the Constitution.
The application concerns their continued detention and the constitutional protections available to people held in custody. It does not determine whether they are guilty or innocent of the criminal charges they face.
What happens next?
Wednesday’s hearing is expected to give the court an opportunity to consider the parties’ positions on constitutional bail, subject to the filings and proceedings before the judge.
If bail is granted, the applicants could be released under conditions set by the court while the criminal proceedings continue. If the application is refused, they would remain in custody unless another lawful basis for release arises.
For now, the State’s request for more time has delayed consideration of the application, with both sides required to complete their written submissions before the next hearing.
Zambian Eye will follow the proceedings and report the court’s decision.