Mundubile, Makebi Want Sedition Trial Moved To Lusaka, Say Solwezi Venue Blocks Their Witnesses

Tonse Alliance president Mr Brian Mundubile and his running mate Mr Makebi Zulu want their sedition case moved from Solwezi to Lusaka. They contend the State set the trial in North-Western Province to cut them off from their witnesses and undermine their right to a fair trial.

Principal Resident Magistrate Mambwe Mukonde has reserved ruling to October 13 on a preliminary issue raised by the defence. The defence has also asked for constitutional questions in the case to be referred to the High Court. The ruling will decide whether the Solwezi court has jurisdiction and whether plea can be taken.

The two leaders of the National Reconciliation Party for Unity and Prosperity (NRPUP) face two counts of seditious practices contrary to Section 57, as read with Section 60, of the Penal Code, Chapter 87 of the Laws of Zambia. Neither has taken plea since the matter opened.

In their challenge, the pair say the choice of Solwezi places an unreasonable burden on them. They list hardship, procedural unfairness, financial strain and difficulty securing witnesses who are not based in the area.

They put their objection in direct terms.

“The choosing of the location of this (Solwezi) Court as the venue for the trial is merely intended to deprive us of easily accessing our witnesses, putting us at unnecessary financial hardship and denying us timely opportunity of adequately preparing our defence thereby impeding our right to a fair trial,” the two said.

Mr Mundubile and Mr Zulu arrived at court under tight security. Police cordoned off and barricaded the court to keep supporters off the premises. A combined team of Zambia National Service, Prisons and police officers in riot gear stood guard, and armoured police vehicles blocked the roads leading to the court.

Outside the cordon, hundreds of Solwezi residents gathered and sang songs of solidarity for the pair. Former Mines Minister Mr Richard Musukwa, Mr Chanda Kabwe and other party officials were among those who came to follow the proceedings.

Inside, the defence jointly filed a notice of motion asking for a preliminary issue to be referred to the High Court, contending that the case raised constitutional questions. The State objected strongly. The defence then asked for an adjournment so it could respond properly to that objection, and the court granted it.

Lead counsel Mr Sakwiba Sikota said the court had directed the defence to file written submissions within three days. That meant there was no need for another appearance before the ruling.

“The court has given us that and stated that we should do so within three days, written submissions,” Mr Sikota said. “We don’t need to come back here.”

He said the ruling would settle two questions together: whether the Solwezi court can try the case at all, and whether it should be moved to Lusaka.

“That’s when the court will make its ruling on whether or not the court has got jurisdiction and whether or not this matter be referred to be heard in Lusaka,” he said.

The location of the alleged offence lies at the heart of the defence challenge. Defence lawyer Mr Bonaventure Mutale told the court that the alleged offences were committed in Lusaka, not Solwezi. He said hearing the matter in North-Western Province went against the Subordinate Courts Act and the Criminal Procedure Code.

On that point, the State offered no resistance. Director of Public Prosecutions Gilbert Phiri told the court that the State did not dispute the contents of the warn-and-caution statements taken from the two. Those statements indicate that the alleged offence was committed in Lusaka.

Mr Phiri did oppose a defence application for the accused to give oral evidence based on those statements, telling the court the request was not supported by law. Magistrate Mukonde dismissed the application. She ruled that the issues raised orally had already been adequately covered in the documents before the court.

The prosecution maintained that the delay was not of its making. The State said it had lined up seven witnesses and had come to court expecting the two accused to take plea so that trial could begin.

It said it had also been ready at the previous sitting, with witnesses available both times.

“We just want to show that the State is ready to prosecute this case and deal with it in the most expeditious manner,” the prosecution said.

Access to the accused also came before the court. Defence lawyers complained that police restrictions were making it hard to reach their clients.

Mr Phiri assured them that better arrangements would be made. He said officers had a duty to secure the court premises, but security measures should not stop lawyers from reaching their clients or holding private consultations.

Magistrate Mukonde directed the State to ensure that lawyers had easy access to the court and could speak privately with the two accused. She said the arrangements should take into account the heightened public interest in the case and the need to keep the premises secure.

The charges arise from statements the pair made after the vote. In count one, the prosecution alleges that the accused called on the Electoral Commission of Zambia (ECZ) to release results and officially announce the winner of the August 13, 2026 general election. It says they claimed their own parallel vote tabulation pointed in a certain direction.

In count two, the State alleges that the accused announced Mr Mundubile would address the nation at a date and time still to be set.

The prosecution further alleges that the two acted together and published material through livestreams on their Facebook pages. In those livestreams, it says, they claimed their parallel vote tabulation showed NRPUP had won the presidential election and a majority of parliamentary seats.

The case now waits on the October 13 sitting. The court will decide whether the trial stays in Solwezi or goes to Lusaka, and plea and the start of trial could follow depending on the outcome. The State says its witnesses are ready.

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