Brian Mundubile Awaits Court Ruling After More Than 70 Days in Detention

Brian Mundubile and 17 others are waiting for a High Court decision on whether their application for constitutional bail can proceed. The court reserved its ruling for Tuesday, 10 November, after hearing the State’s objection to the way the application was filed. According to the report, the State says the application was wrongly brought as a civil matter rather than a criminal one, and argues that this means the court cannot hear it. Attorney General Mulilo Kabesha raised the preliminary objection, which Acting Chief State Advocate Chibesa Mulonda presented on the State’s behalf. Mundubile, a former presidential candidate for the National Reconciliation Party for Unity and Prosperity, is joined by his former running mate, Makebi Zulu, Lusaka business executive Harry Findlay and 15 others. They are suing the State over alleged violations of their constitutional rights and have asked to be released on bail, either without conditions or on terms set by the court. Their lawyers, including State Counsel Bonaventure Mutale, Chifumu Banda and Sakwiba Sikota, urged the court to reject the State’s technical objection and consider the bail request on its merits. Justice Mulenga said that if the State’s challenge fails, the substantive bail hearing could go ahead the same day. If it succeeds, the current application would end and the defence would need to file it again. The report says the group has spent more than 70 days at Mukobeko Maximum Prison. Opposition alliance secretary general Muhabi Lungu condemned the length of their detention, describing it in a television interview as cruel and illegal. He argued that they had been held without entering a plea before a High Court judge and said the country was not under a state of emergency. The court’s ruling will determine whether the bail request moves forward or is halted over the filing procedure.