State Challenges Video Evidence in Brian Mundubile and Makebi Zulu Bail Case

The National Prosecution Authority (NPA) has outlined its reasons for seeking to exclude a key video recording from the constitutional bail application involving opposition leaders Brian Mundubile, Makebi Zulu, and their co-accused.

During proceedings before the Lusaka High Court on November 11, 2026, state prosecutors argued that the video—submitted on a flash disk—has not been properly authenticated. Citing legal requirements governing electronic evidence, the State questioned the recording’s origin, authenticity, and integrity. Prosecutors also contended that five paragraphs in the applicants’ affidavit introduce entirely new matters that the State has not had a fair opportunity to answer.

Lawyers representing Mundubile and Zulu firmly rejected the State’s objection. The defence team maintained that the disputed video and affidavit paragraphs respond directly to allegations previously raised by the prosecution, specifically countering claims that the two opposition leaders pose a flight risk.

A three-judge panel at the High Court is scheduled to rule on the admissibility of the video evidence on Friday, November 13, 2026, alongside the hearing of the constitutional bail application itself.

While the High Court deliberates on the bail matter, dramatic developments unfolded in a separate sedition case involving the two politicians before Lusaka Magistrate Webster Milumbe.

Director of Public Prosecutions (DPP) Gilbert Phiri opposed a request from the defence to postpone the taking of a plea, arguing that the legal team had sufficient time to obtain instructions since the matter commenced in September.

After Magistrate Milumbe initially rejected the application for an adjournment, lead defence lawyers Bonaventure Mutale and Sakwiba Sikota withdrew from the proceedings. Both counsels stated they could not properly represent their clients without adequate instructions.

Following the sudden withdrawal of their legal team, Makebi Zulu—supported by Brian Mundubile—addressed the court directly to request time to appoint new legal representatives. Zulu also indicated their intention to challenge specific aspects of the indictment before entering a plea.

Although DPP Gilbert Phiri opposed the renewed request for a delay, Magistrate Milumbe granted the adjournment in the interests of justice. The court set November 24, 2026, for a possible plea.

Both Brian Mundubile and Makebi Zulu remain in custody as they await the Lusaka High Court’s crucial ruling on the disputed video evidence and their constitutional bail application.