Mundubile, Makebi and 16 Others sue State over detention, rights abuses

15 ViewsPetitioners allege unlawful transfers, torture, restricted access to lawyers and families, and attempts to induce soldiers to testify against Mundubile and Zulu LUSAKA – Opposition leader and former presidential candidate Brian Mundubile, his running mate Makebi Zulu, and 16 others have sued the State in the High Court, challenging their detention and alleging violations […]

15 Views

Petitioners allege unlawful transfers, torture, restricted access to lawyers and families, and attempts to induce soldiers to testify against Mundubile and Zulu

File: Makebi Zulu and Brian Mundubile

LUSAKA – Opposition leader and former presidential candidate Brian Mundubile, his running mate Makebi Zulu, and 16 others have sued the State in the High Court, challenging their detention and alleging violations of their constitutional rights.
The petition, filed at the Principal Registry of the High Court for Zambia in Lusaka on September 11, 2026, has been brought under the constitutional jurisdiction of the court.
The matter is registered as Cause No. 2026/HP/1156.
The 18 petitioners are challenging the conduct of State authorities in relation to their arrest, detention and transfer between correctional facilities, as well as alleged restrictions on access to lawyers and family members.
The respondents named in the petition are the Attorney General, Harrington Akusanga, and Fredrick Chilukutu.
The petition cites, among other provisions, Articles 1, 13, 15 and 18 of the Constitution of Zambia, Sections 30 and 33 of the Criminal Procedure Code, Section 29 of the Zambia Correctional Services Act No. 37 of 2021, Section 40 of the Zambia Police Act, and the Protection of Fundamental Rights regulations.
DETENTION AND ALLEGED TORTURE
According to the petition, the 16th, 17th and 18th petitioners were picked up at Kenneth Kaunda International Airport on August 1, 2026 and allegedly held at unknown locations for more than nine days.
The three are identified in the court documents as Ezra Tolopa, Dickson Tembo and Victor Muzyamba.
The petitioners allege that during their detention, the three were subjected to what they describe as inhuman and degrading treatment, including alleged waterboarding, beatings while suspended on a metal bar and beatings while handcuffed.
They further allege that they were denied contact with their families and legal counsel during the period of detention.
On August 5, 2026, an application for a writ of habeas corpus was reportedly filed on behalf of the three by Ruth Siakanyenyenye, a sister to the 18th petitioner, under Cause No. 2026/HP/1016.
The petition states that on August 9, the three were detained at the incomplete section of Mwembeshi Correctional Facility, allegedly without a lawful warrant.
TRANSFERS TO MUKOBEKO
The petition further alleges that in the early hours of August 30, 2026, the petitioners were airlifted to Kab​we and admitted to Mukobeko Maximum Correctional Facility without a lawful remand warrant.
It states that on September 7, the 7th, 8th and 9th petitioners were moved from Mukobeko Maximum Correctional Facility to Mwembeshi Correctional Facility, also allegedly without a lawful warrant.
The three were allegedly interrogated by three Zambia Army Special Forces personnel, whom the petition identifies as General Moses Shapwaya, Provost Martial Keith Shantuba and a Deputy Provost Martial whose name the petitioners say they cannot remember.
According to the court document, the Army personnel allegedly told the three that if they did not provide information incriminating the first and second petitioners – Mundubile and Zulu – it would be difficult for them to obtain their pension benefits.
The petition further alleges that the three were offered clemency, State protection for themselves and their families and reinstatement into the Army in exchange for becoming State witnesses against Mundubile and Zulu in the treason case.
The three were subsequently taken back to Mukobeko Maximum Correctional Facility on September 10, 2026, according to the petition.
FINDLAY DETENTION
The petition also details the alleged detention of the 14th petitioner, Harry Valden Findlay.
It states that Findlay was taken from his residence at Langani Safari, Chisamba, on August 4, 2026, by persons allegedly acting under the authority of the second respondent and State security agencies.
The petition claims that he was bundled into a vehicle and taken away without explanation.
According to the document seen by Zambian Eye published below, his family and legal representatives initially could not establish where he was being held, and he was only allowed access to legal counsel later.
The petition further alleges that Findlay was not informed at the time of his apprehension of the alleged offences or charges against him.
It states that he was initially detained at Ibex Hill Police Station in Lusaka under a holding charge recorded as financing terrorism.
The petition says Findlay was detained without charge from August 4 to August 9, when he was jointly charged with the 16th, 17th and 18th petitioners with the offence of Prohibition of Terrorism.
HABEAS CORPUS APPLICATION
The document states that on August 5, an application for a writ of habeas corpus was filed on Findlay’s behalf by lawyer Pierre A.B. Findlay, under Cause No. 2026/HP/1058.
The High Court subsequently ordered on August 12 that the State bring Findlay before the court so that the legality of his detention could be examined.
The petitioners allege that although the matter was scheduled for August 18, the State failed to bring Findlay to court on that date.
The matter was subsequently adjourned to August 19, but, according to the petition, Findlay was only brought before the High Court on August 20, 2026.
FAMILY AND LEGAL ACCESS
The petition also raises concerns regarding access to family members and legal counsel.
It states that by an order dated August 19, 2026, the 16th, 17th and 18th petitioners were granted access to family visits.
However, the petitioners allege that despite the court order, access to legal counsel and family members was restricted.
They claim the three were only granted limited access to family members on August 15, despite the subsequent court order.
The petition also alleges that Findlay, while being held at Mwembeshi, was kept in isolation and denied access to both his lawyers and family members. It further alleges that he was deprived of his prescribed medication.
CONSTITUTIONAL RIGHTS
The petitioners contend that the actions described in the court document violated their constitutional rights and freedoms.
Among the alleged violations is the right under Article 13(2) of the Constitution to be informed as soon as reasonably practicable, and in a language understood by the person concerned, of the reasons for arrest or detention.
The petitioners also argue that their right to be promptly brought before a competent court, guaranteed under Article 13(3)(b), was violated by what they describe as their arbitrary admission to Mukobeko Maximum Remand Facility without a lawful warrant.
The petition specifically states that the 14th to 18th petitioners contend that they were not properly informed of the reasons for their arrest or detention and that the secrecy surrounding their detention further violated their constitutional rights.
The petitioners are asking the High Court to intervene over what they describe as unlawful detention, transfers without lawful warrants, restrictions on access to lawyers and family members, and other alleged breaches of their fundamental rights.
The allegations contained in the petition are claims by the petitioners and have not been tested or determined by the court.
The petition was settled by Messrs Ellis & Co, Messrs Miker and Paul Legal Practitioners, and Mulungushi Chambers, who are listed as co-advocates for the petitioners.