High Stakes at the Lusaka High Court: Treason Trial of Mundubile, Zulu, and 16 Others Resumes
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NewsHigh Stakes at the Lusaka High Court: Treason Trial of Mundubile, Zulu, and 16 Others Resumes … ‘amid bail demands, veteran lawyer Sakwiba Sikota SC flags prolonged illegal detentions as Court prepares for ‘crucial ruling’ tomorrow Tuesday By Court Reporter|9th Nov. 26 LUSAKA — In what legal observers are calling the most consequential high court […]
High Stakes at the Lusaka High Court: Treason Trial of Mundubile, Zulu, and 16 Others Resumes
… ‘amid bail demands, veteran lawyer Sakwiba Sikota SC flags prolonged illegal detentions as Court prepares for ‘crucial ruling’ tomorrow Tuesday
By Court Reporter|9th Nov. 26
LUSAKA — In what legal observers are calling the most consequential high court treason trial in Zambia since the return to multi-party democracy in 1991, the case involving 18 defendants—including prominent figures Brian Mundubile, Makebi Zulu, Bishop Trevor Mwamba, George Chisanga, and Patrick Mwansa—resumes tomorrow at 12:00 PM at the Lusaka High Court.
The matter is presided over by a three-judge panel comprising Justices Davies Chibwili, Irene Washimanga, and Derrick Mulenga. Tomorrow afternoon, the court will deliver a crucial ruling on whether to discontinue the constitutional bail application or proceed straight into a constitutional bail trial and secure a release.
Defence counsel Sakwiba Sikota, SC, addressed reporters in a side briefing, highlighting the gravity of the detentions. “Tomorrow the high court will rule on either to discontinue the constitutional bail application or head straight into constitutional bail trial because the 18 are being held in an illegal prolonged matter hence the reason we are demanding bail, but the State wants the bail application so the court decides tomorrow afternoon,” Sikota stated.
Under Zambian law, suspects must appear before a judge within 48 hours of arrest. The defence is unhappy that Mundubile, Zulu, and their co-accused have been detained unlawfully since their initial arrest for alleged treason on August 27, up to 74 days beyond 48 hours.
Sikota pointed out that if the State possessed credible evidence, a trial would have commenced immediately; instead, prosecutors remain on record stating they are “still investigating” the charges.
The legal hurdles continued Monday, November 9, when a lesser charge filed of ‘Sedition ‘against Mundubile and Zulu on September 9 failed to progress yesterday due to, yet another preliminary issue raised by the prosecution.
The High Court subsequently adjourned that aspect of the matter for ruling on Friday the 13th. “I wonder why so many preliminary issues and even Friday the 13th,” chuckled Sikota, referencing his trademark wry humour.
Logistical and humanitarian concerns also loom large. Following Monday’s court proceedings, Mundubile and Zulu spent the night in Lusaka in State custody rather than enduring the routine 150-kilometer bus journey back to Kabwe’s Mukobeko Maximum Prison, given Tuesday’s midday court schedule.
Mundubile and Makebi are accused to be involved in an act of a coup following the disputed 13th August poll in Zambia.
Meanwhile, Sikota expressed ongoing anxiety regarding the welfare of the remaining 16 co-accused, noting that defendants have occasionally appeared in court hungry due to transit delays.
Outside the courtroom, the proceedings have drawn an intense international and local media glare. Heavily armed police officers and armoured vehicles have frequently surrounded the premises, occasionally restricting access for relatives and journalists while disrupting other judicial proceedings.
“Justice must be seen to be done, not hindered,” Sikota emphasized amid the heavy security presence. As the high-profile trial reaches this pivotal juncture, the defence hopes tomorrow’s proceedings will curtail what they describe as an unlawful and prolonged deprivation of liberty.
Security is expected to be tight with armoured cars and heavily armed police cordoning the premises around the court in unprecedented fashion since the trial commenced.
Trial appearance day number 74 since the initial August 27 arrests.
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