State’s Undisclosed Objection Stalls Mundubile, Makebi Sedition Bail As Sikota Cries Delay
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MusicThe Lusaka High Court has adjourned to Monday the bail application of opposition leader Mr Brian Mundubile and his former running mate Mr Makebi Zulu. The State asked to raise a preliminary objection first, without saying what it was. The two, who are charged with two counts of…
The Lusaka High Court has adjourned to Monday the bail application of opposition leader Mr Brian Mundubile and his former running mate Mr Makebi Zulu. The State asked to raise a preliminary objection first, without saying what it was.
The two, who are charged with two counts of seditious practices over statements on the outcome of the presidential election, remain in custody while the bail application and jurisdictional issues are resolved.
When the matter came up in chambers before a three-judge panel led by Justice Geoffrey Mulenga, the State told the court it intended to raise preliminary issues before the bail application could be heard.
The State gave no indication of the grounds it intends to argue. The court granted its request, directed it to file its preliminary application, and set the matter down for hearing on Monday.
Defence lawyer Mr Sakwiba Sikota, State Counsel, expressed concern at the failure to proceed with the substantive bail hearing. He said the application had been before the court but had not yet been heard.
Mr Sikota went further, accusing the State of employing delaying tactics in the matter.
The sedition charges are brought under Section 57 of the Penal Code. They arise from events on August 14, 2026, the day after polling.
The prosecution alleges that the two acted together and published material through livestreams on their respective Facebook pages. In those broadcasts, they allegedly claimed that their Parallel Voter Tabulation (PVT) showed their party had won the presidential election and a majority of parliamentary seats.
In the first count, Mr Mundubile is alleged to have called on the Electoral Commission of Zambia (ECZ) to announce the winner of the election using the PVT results.
The second count is directed at Mr Zulu. He is alleged to have announced on Facebook that Mr Mundubile would address the nation at a scheduled time.
The State further alleges that the pair questioned the delay in the announcement and verification of the presidential results and called for their immediate publication. They are also accused of demanding access to electoral records to allow the results to be verified independently.
The case has already travelled across two provinces before reaching the capital. Mr Mundubile and Mr Zulu were first arraigned before a magistrate’s court in Solwezi, North-Western Province.
Before trial could begin, the defence challenged the court’s jurisdiction. They argued that the alleged offences were committed in Lusaka and that both men were arrested in the capital.
Solwezi Principal Resident Magistrate Mr Mambwe Mukonde referred the question to the High Court. On November 5, Solwezi High Court Judge Mr Edward Musona ordered that the matter be moved to the Lusaka High Court, after establishing that both accused were Lusaka residents who had been arrested in Lusaka.
The transfer brought the bail application before the three-judge panel in Lusaka. It has now stalled again at the first hurdle.
The sedition case is one of two legal fronts facing the opposition leaders. Mr Mundubile and Mr Zulu are also among 18 people facing treason-related charges, in which they have separately applied to the High Court for constitutional bail.
Their detention has drawn in others from the opposition camp. Former Zambian Ambassador to Switzerland Ms Martha Lungu Mwitumwa, who was active in the Tonse-Pamodzi Alliance campaign team, has been charged with treason, as has her daughter Ms Esther Mwitumwa, an administrator at the Tonse Alliance Secretariat.
For now, the sedition bail application turns on the State’s yet-to-be-filed objection. Once it is filed, the defence will see for the first time the grounds on which the State wants the bail application stopped before it is heard.
Mr Mundubile and Mr Zulu return to the Lusaka High Court on Monday, when the panel led by Justice Mulenga is due to hear the State’s preliminary application.
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