Opposition Tonse Pamodzi Alliance leader Brian Mundubile, the alliance’s vice-president Makebi Zulu and 16 others today appeared before the Lusaka High Court seeking constitutional bail, 71 days into their detention on treason charges. The State asked the three-judge panel to…

Opposition Tonse Pamodzi Alliance leader Brian Mundubile, the alliance’s vice-president Makebi Zulu and 16 others today appeared before the Lusaka High Court seeking constitutional bail, 71 days into their detention on treason charges. The State asked the three-judge panel to hold a preliminary hearing before the bail application could proceed. Defence lawyers opposed the request and accused the prosecution of trying to delay the case further. The defence also told the court that the detainees had been transported from Mukobeko Prison in Kabwe without food, having last eaten at about 15:00 on Wednesday. Today marked the fourth day of proceedings in the matter.

“The political detainees are seeking constitutional bail after being held for a prolonged period of more than 70 days without due process according to the law. The prolonged detention is illegal,” said defence lawyer Sakwiba Sikota SC.

The application is before Justices Charles Chibwili, Ireen Wishimanga and Derrick Mulenga. Sikota leads a defence team that includes Chifumu Banda SC, Nkula Bota, Kambwa Aongola and Milner Katolo. The defence argues that holding the 18 accused for more than two months without due process breaches their constitutional rights. It is asking the court either to release them or to order a speedy and transparent treason trial. The State’s request for a preliminary hearing meant the bail application itself was not argued on its merits today.

Defence lawyers said the State’s request was intended to “throw dust into the air” and to frustrate the hearing deliberately. They argued that the delays in the case were already unnecessary and unconstitutional. In their view, the preliminary hearing would push the matter further back while the accused remain in custody.

The defence said every additional day of detention without a hearing compounded the breach of the detainees’ rights. It is not yet clear when the bail application will be heard in full.

The question of food arose during a brief adjournment. The defence told the court that the detainees had left Mukobeko Prison at about 04:00 for the journey of about 150 km to Lusaka. Under prison rules, inmates are locked up for the night by 16:00, which meant their last meal had been served at about 15:00 on Wednesday. By 11:00 today, the defence said, the detainees had gone more than 20 hours without eating. The lawyers raised the matter as a health concern rather than a procedural one.
“Realistically the last time Hon. Mundubile and fellow detainees ate food is yesterday Wednesday about 15:00 hrs because they get locked up to sleep according to prison rules by 16:00 hrs,” the lawyer said.
“What this means is Mr Mundubile and others have not had a decent meal or any meal at all for more than 20 hours up to 11:00 today. You cannot keep people hungry this long without risking their health.”

The defence said the risk was greater for detainees living with health conditions such as diabetes. The lawyers argued that long transfers without food were unacceptable for people who had not been convicted of any offence. They said the arrangements reflected the wider strain of a detention they consider unlawful. The concern adds a humanitarian dimension to a case that has so far turned on procedure. The defence did not indicate whether it would seek specific orders on the detainees’ welfare.

The bail application rests on a constitutional argument because treason is ordinarily a non-bailable offence under Zambian law, so the accused cannot apply for bail through the usual route. Their lawyers are instead asking the High Court to find that the length of the detention, without trial, violates the constitutional right to personal liberty. The defence argues that 71 days without due process has crossed that threshold. A ruling in their favour could see the 18 accused released pending trial. A ruling against them would leave them at Mukobeko until the treason case proceeds.

Mundubile led the Tonse Pamodzi Alliance in the general election held on 13 August 2026. He and his co-accused have been in custody since late August. Zulu, a lawyer, is the alliance’s vice-president and is among the 18 detainees. The case has drawn wide public attention and is one of the most closely followed treason matters in Zambia’s recent history. Proceedings continue.

Related coverage from breakingnewszambia.com

• Heavy Security at Lusaka High Court as Mundubile, Makebi Seek Constitutional Bail
• Mundubile, Makebi seek constitutional bail
• 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