Court rules Mundubile, Makebi and 16 Others’ constitutional bail application can proceed High Court Clears Mundubile, Makebi Zulu and 16 Others' Bail ApplicationCourt rules Mundubile, Makebi and 16 Others’ constitutional bail application can proceed
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NewsThe Lusaka High Court has ruled that the constitutional bail application filed by opposition figures Brian Mundubile, Makebi Zulu and 16 others was properly before the court, clearing the way for the substantive bail proceedings to be heard. Makebi Zulu announced the development in a statement following the ruling, welcoming the court's decision and expressing The Lusaka High Court has ruled that the constitutional bail application filed by opposition figures Brian Mundubile, Makebi Zulu and 16 others was properly before the court, clearing the way for the substantive bail proceedings to be heard. Makebi Zulu announced the development in a statement following the ruling, welcoming the court's decision and expressing The Lusaka High Court has ruled that the constitutional bail application by Brian Mundubile, Makebi Zulu and 16 others was properly filed and can proceed. The Lusaka High Court has ruled that the constitutional bail application filed by opposition figures Brian Mundubile, Makebi Zulu and 16 others was properly before the court, clearing the way for the substantive bail proceedings to be heard. Makebi Zulu announced the development in a statement following the ruling, welcoming the court's decision and expressing The Lusaka High Court has ruled that the constitutional bail application filed by opposition figures Brian Mundubile, Makebi Zulu and 16 others was properly before the court, clearing the way for the substantive bail proceedings to be heard. Makebi Zulu announced the development in a statement following the ruling, welcoming the court's decision and expressing Brian Mundubile, Makebi Zulu and 16 others have cleared a major procedural hurdle after the Lusaka High Court ruled that their constitutional bail application was properly filed.
The Lusaka High Court has ruled that the constitutional bail application filed by opposition figures Brian Mundubile, Makebi Zulu and 16 others was properly before the court, clearing the way for the substantive bail proceedings to be heard.
Makebi Zulu announced the development in a statement following the ruling, welcoming the court’s decision and expressing confidence in the continuation of the legal process.
“The Lusaka High Court has ruled that the Constitutional bail application involving myself, my brother Brian Mundubile and 16 others was properly filed before the Court and the Constitutional bail can be heard,” Zulu said.
He added that the applicants looked forward to continuing the proceedings, while praying for openness, fairness and justice.
The ruling represents an important procedural development for the 18 applicants, who have been seeking constitutional bail while facing treason-related allegations.
State’s preliminary objection rejected
The development follows a preliminary challenge by the State, which had questioned the procedure used to commence the constitutional bail application.
The State argued that the bail application should have been brought through the criminal registry rather than as part of the civil constitutional proceedings.
The defence opposed the challenge, arguing that the State had not established grounds for dismissing the application.
The court’s latest ruling means the procedural objection has not prevented the applicants from pursuing their constitutional bail request.
Bail has not yet been granted
Despite the ruling, the 18 applicants have not been released.
The court has determined that the constitutional bail application was properly filed and can be heard. It must still consider the substantive arguments before deciding whether the applicants should be released on bail and, if so, under what conditions.
The distinction is important because today’s ruling does not determine the applicants’ guilt or innocence, nor does it amount to an order for their immediate release.
A separate sedition case also remains before the courts
Mundubile and Zulu are also facing a separate sedition case arising from statements and Facebook broadcasts made following the August 13, 2026 general election.
That matter was transferred from Solwezi to Lusaka after the High Court determined that Lusaka was the appropriate place for the proceedings.
The bail application in the separate sedition case has also faced procedural delays after the State indicated that it intended to raise a preliminary issue. That matter has been adjourned to November 16, 2026.
The two proceedings are legally distinct from the constitutional bail application involving all 18 applicants.
For Mundubile, Zulu and their 16 co-applicants, the latest ruling removes a procedural obstacle and brings them closer to having their request for constitutional bail considered on its merits.
The next stage will be the substantive hearing, where the court will consider the arguments before making a determination.
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