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The Subordinate Court in Solwezi has ruled that Lusaka is the appropriate territorial forum for the sedition case involving 2026 presidential candidate Brian Mundubile and his running mate, Makebi Zulu.
The ruling, delivered in Solwezi, addressed the question of territorial jurisdiction under the Criminal Procedure Code.
The court examined Sections 70 and 72 of the Code, which were relied upon in the matter, and considered the connecting factors provided for under Section 69.
It also considered the argument that the livestream at the centre of the case was accessible nationwide, but held that accessibility alone was insufficient to establish jurisdiction in Solwezi.
“The mere assertion that the livestream was accessible nationwide does not, without more, establish the necessary connection,” the court said.
It added that jurisdiction had to be established through recognised connecting factors rather than accessibility alone.
“Accordingly, I find that the Subordinate Court holden at Solwezi is not the appropriate forum to try and determine this matter because all connecting factors recognised under Section 69 of the Criminal Procedure Code indicate otherwise,” the court said.
The court therefore declined to proceed with the case in Solwezi, ruling that it should be heard in the appropriate territorial forum in Lusaka.
Meanwhile, lawyer and Tonse Pamodzi Alliance vice-president, Makebi Zulu has asked the Lusaka High Court for permission to represent himself in a constitutional bail application.
Zulu informed the court that he intended to conduct his own case, a move that has drawn comparisons with the 1975 case of Shamwana v The People, in which the accused represented himself.
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