#post_titleMundubile, Makebi Zulu Bail Battle: Court Sets November 5 Deadline Mundubile, Makebi Zulu Bail Battle: Court Sets November 5 Deadline for Ruling
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NewsThe Lusaka High Court has warned that it will proceed to deliver its ruling on the constitutional bail application by Brian Mundubile, Makebi Zulu and 16 others on November 5, 2026, if the parties fail to proceed with the matter. The warning came on Thursday when the three-judge panel hearing the application adjourned proceedings to The Lusaka High Court has set November 5 for the next step in the constitutional bail application by Brian Mundubile, Makebi Zulu and 16 others.The Lusaka High Court has warned that it will proceed to deliver its ruling on the constitutional bail application by Brian Mundubile, Makebi Zulu and 16 others on November 5, 2026, if the parties fail to proceed with the matter. The warning came on Thursday when the three-judge panel hearing the application adjourned proceedings to
The Lusaka High Court has warned that it will proceed to deliver its ruling on the constitutional bail application by Brian Mundubile, Makebi Zulu and 16 others on November 5, 2026, if the parties fail to proceed with the matter.
The warning came on Thursday when the three-judge panel hearing the application adjourned proceedings to allow the State time to study and respond to a 32-page submission filed by lawyers representing the 18 applicants.
Attorney General Mulilo Kabesha asked the court for an adjournment, saying the State needed time to consider the response before the matter could proceed.
The court granted the request and set November 5 as the next date, while making it clear that it would not allow the matter to remain unresolved if the parties failed to proceed.
The panel comprises Justices Derrick Mulenga, Davies Chibwili and Irene Wishimanga.
State opposes constitutional bail
The latest development comes after the State opposed the applicants’ request for constitutional bail pending trial.
The applicants, who include NRPUP presidential candidate Brian Mundubile and his running mate Makebi Zulu, are facing treason and prohibition of terrorism charges.
The State’s position, as outlined in the proceedings, is that the accused could flee the country by using their influence if released on bail.
The applicants are seeking an order for their release, either unconditionally or under reasonable conditions designed to ensure that they attend trial.
The court will have to consider the competing arguments and the applicable constitutional and legal principles before determining the application.
The State’s opposition does not, in itself, establish that the applicants would abscond. That remains a concern advanced in opposing their release, to be considered alongside the applicants’ arguments.
Defence questions State’s opposition
One of the lawyers representing the applicants, Milner Katolo, expressed surprise at the State’s decision to oppose constitutional bail.
Katolo argued that the law provides guidelines governing the granting of bail and questioned the position taken by the prosecution.
The applicants maintain that their continued detention, while investigations into the allegations remain ongoing, violates their constitutional rights.
They petitioned the Lusaka High Court for constitutional bail on October 14, 2026, asking to be released while the criminal proceedings continue.
The Attorney General and Director of Public Prosecutions Gilbert Phiri have been cited as respondents in the application.
Harry Findlay’s medical treatment concerns
Katolo also disclosed that the 18 applicants remained in high spirits, although he raised concerns about the health circumstances of Harry Findlay.
According to the lawyer, Findlay’s scheduled appointments for specialised cardiology treatment in South Africa had repeatedly been postponed, leaving him relying on medication.
The disclosure adds a medical dimension to the bail proceedings, although the court’s determination will depend on the evidence and legal arguments presented before it.
Who are the 18 applicants?
The applicants include Mundubile, Zulu, George Chisanga, Patrick Mwansa, Bishop Trevor Mwamba, Francis Mulenga, Brazil Soko, Bernard Chewe, Davies Chisopa, Dickson Tembo and Victor Muzyamba, alongside the other individuals named in the application.
They are seeking release pending trial, subject to any reasonable conditions the court may consider appropriate.
The charges against them remain allegations to be determined through the judicial process. Their bail application is separate from the determination of their guilt or innocence.
November 5 could be decisive
The next hearing is expected to determine whether the parties proceed with the application and whether the court can move towards delivering its ruling.
The court’s warning signals that it intends to bring the bail proceedings forward rather than allow further delays if the parties are not ready to proceed.
However, the warning does not mean the court has already decided whether to grant or refuse bail. That decision will depend on the arguments and legal principles considered by the judges.
For Mundubile, Zulu and the other applicants, November 5 is therefore an important date in their bid to secure release while awaiting the outcome of the criminal case.
Zambian Eye will continue to follow the proceedings and report the court’s decision as the matter develops.
By Zambian Eye
Related posts:
- High Court Orders State to Produce Mundubile, Makebi Zulu and 16 Others for Bail Hearing
- Mundubile, Makebi Zulu and 16 others head to Lusaka High Court over prolonged detention
- State gets more time to oppose constitutional bail for Mundubile, Makebi Zulu and co-accused
- Mundubile Treason Case: Do Historical Trials Justify the Delay in Taking Suspects to Court?
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