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The State has asked the Lusaka High Court to dismiss the constitutional bail application by opposition leaders Brian Mundubile, Makebi Zulu and 16 others, arguing that the two leaders are flight risks who could interfere with State witnesses.
In an affidavit in opposition to the application, sworn by Senior Superintendent of Police Donald Mulimba, the State argues that the applicants have failed to demonstrate that their continued detention amounts to unreasonable delay or that they have suffered prejudice warranting the grant of constitutional bail.
Mulimba, who is Officer-in-Charge of Crime 1 at the Zambia Police Service Criminal Investigations Department headquarters, said the 18 applicants are facing serious charges of treason and prohibition of terrorism, which require extensive investigations.
He argued that the offences are complex and involve the examination of large volumes of digital forensic evidence and financial records, as well as cross-border investigations.
“The Court must take judicial notice that the law enforcement agencies face perennial resource constraints and as such dealing with huge volumes of electronic gadgets to be examined,” Mulimba stated .
The State has relied on the Supreme Court of Canada’s decision in R v Morin and the Zambian case of Shamwana v The People, arguing that a delay of about two months is not unreasonable in the circumstances.
It further cited a Zimbabwean Constitutional Court judgment involving Lovemore Itai Mukandi and others, which considered the time required to prepare cases, record witness statements and arrange court appearances.
The State also contended that Mundubile and Zulu posed a flight risk, alleging that they evaded arrest by fleeing into the United Nations House, prompting special arrangements to secure their release into police custody.
Mulimba further argued that the two leaders, who contested the 2026 general elections as president and vice-president of a political party, respectively, have considerable influence and access to networks of people, creating a risk of interference with State witnesses.
He said the offences attract a maximum penalty of life imprisonment upon conviction and that no bail conditions can guarantee the applicants’ attendance before the court.
The State maintains that their continued detention is necessary in the interest of public safety and national security.
“The balancing of interests test favours the State,” Mulimba states, urging the court to dismiss the application with costs.
The 18 applicants are seeking constitutional bail pending the determination of the charges against them.
They are charged with treason and prohibition of terrorism.
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