By 
The Lusaka High Court has warned that there will be no further adjournments in the constitutional bail application by opposition leader Brian Mundubile, Makebi Zulu and 16 others, directing that the matter proceed on November 5, 2026.
The matter was heard by a three-judge panel comprising Ndola High Court Judge Derrick Mulenga, Justice Davies Chibwili and Justice Ireen Wishimanga.
All 18 applicants were brought to court from Mukobeko Maximum Security Correctional Facility under security arrangements that restricted members of the public and the media from capturing images of them.
One of the applicants’ lawyers, Milner Katolo, said the defence had opposed a fourth adjournment, arguing that the State could have studied the documents filed in reply and proceeded with the hearing.
Read more: Judge reprimands prison authorities as Mundubile, Zulu bail hearing adjourned for third time
Katolo said the applicants filed their affidavit in reply and skeleton arguments on Thursday, with the affidavit containing 32 paragraphs and the skeleton arguments comprising 13 paragraphs.
He said the defence had proposed that the hearing resume at 14:00 hours on Thursday or, alternatively, that the State be given the remainder of the day to study the documents before the parties returned to court on Friday.
However, Katolo said the State insisted on an adjournment and initially proposed November 3, 2026.
He said that date was unsuitable because the first and second applicants had another matter before Judge Nsone, leaving November 5 as the available date.
Katolo said the court had made it clear that the next hearing would be the final adjournment.
“The court has insisted and emphasised that this is the last adjournment. If any of the parties will not be ready to proceed with the matter, they will close the matter and render their ruling based on the documents and arguments filed in court,” he said.
He said the defence had also sought guidance on when the substantive petition would be heard, but the court indicated that dates would be set after delivering its ruling on the constitutional bail application.
Katolo also raised concerns about the medical needs of one of the applicants, Harry Finblay, who he said had missed several appointments with his consultant cardiologist in South Africa.
He said Finblay required consistent medical monitoring and that medication had been obtained without a medical review.
Katolo expressed hope that the court would grant the applicants constitutional bail, arguing that paragraph 59 of the National Prosecutions Authority’s manual recognises constitutional bail as an option where trial proceedings have been delayed.
Meanwhile, Attorney General Mulilo Kabesha said the State had sought more time to study the applicants’ response to its affidavit in opposition because the documents were bulky.
“The applicants, those who are seeking bail, filed their response today, an affidavit in response to our affidavit in opposition, and we asked for more time to study it because it’s bulky,” he said.
Kabesha said the matter had consequently been adjourned to November 5, 2026, at 09:00 hours.
The 18 applicants are facing serious charges, including treason and terrorism-related offences, and are seeking release from detention while their case is pending.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments