Should Mundubile, Zulu be released through dialogue; what the law says?

0 Views Calls are growing for the government to release incarcerated opposition leaders Brian Mundubile, Makebi Zulu and others detained on treason charges. Critics argue their detention is politically motivated and say they should be freed through dialogue between their legal teams and President Hakainde Hichilema. The debate drew fresh international attention after a UN […]

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Calls are growing for the government to release incarcerated opposition leaders Brian Mundubile, Makebi Zulu and others detained on treason charges.

Critics argue their detention is politically motivated and say they should be freed through dialogue between their legal teams and President Hakainde Hichilema.

The debate drew fresh international attention after a UN human rights expert spoke out.

Gina Romero, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, said she is gravely concerned about Zambia’s human rights environment following the August 13 general election.

Romero cited reports of intimidation, arrests of opposition supporters, prolonged detention, violence and restrictions on political activity. She urged authorities to “immediately cease the criminalisation of political dissent” and called for political detainees to be released.

Her statement directly referenced the treason proceedings involving Mundubile and Zulu. The two opposition leaders, together with 16 other accused persons, have since been transferred to Mukobeko Maximum Security Prison.

Romero described the treason proceedings against senior opposition figures as a “dangerous precedent” within what she believes is a wider pattern of shrinking civic space.

The matter has sparked public debate. Others argue that the two should face the courts and be exonerated by the law if they are innocent.

Father Gladson Phiri of the Catholic Church has weighed in, saying the detention of the National Reconciliation Party for Unity and Prosperity (NRPUP) president and his running mate should not be seen as President Hichilema’s act of vindictiveness, but as the law taking its course.

Father Phiri said Zambians need to understand that the President was not personally calling the shots, but that the actions were guided by the law.

He warned that the situation had created a perception that the Head of State was targeting political opponents, when in reality the matter involved the office he holds and the country’s laws.

“I just want to tell Zambians that they should not misunderstand the law and they should be able to separate President Hichilema as a person and the Head of State,” Father Phiri said.

He added that Zambians should allow the law to take its course, saying if Mundubile, Zulu and
their associates are innocent, the law would ultimately exonerate them.

“We have to differentiate that it is not HH as a person who is doing but the office he holds and the law at large,” he said.

Meanwhile, State House says President Hichilema is open to proposals aimed at resolving matters involving Mundubile, but any settlement must not compromise the criminal justice system.

The position follows remarks by Mundubile’s lawyer, Milner Katolo, who called on the African Union and SADC to encourage dialogue between the State and his clients toward an amicable settlement.

State House has indicated that proposals can be brought forward, while stressing that any resolution must respect the country’s legal and criminal justice processes.

In Zambia, the law is clear on what happens once a person is accused of a crime: they must face the legal process.

That principle is now at the centre of public debate over the detention of opposition leaders Brian Mundubile and Makebi Zulu, who are being held on treason charges alongside 16 others.

The Zambian Constitution provides the foundation. Article 18 guarantees that every person charged with a criminal offence is presumed innocent until proven guilty, and has the right to a fair trial within a reasonable time before an independent court. It also bars the Executive from interfering with judicial decisions.

Prosecutions are not directed from State House. Under Article 180, it is the Director of Public Prosecutions who decides whether to start, continue or stop criminal proceedings. That power is meant to be exercised independently, “without direction or control from any other person or authority.”

The charges against Mundubile and Zulu fall under the Penal Code Cap 87, where treason is treated as one of the most serious offences. Because of that gravity, the law does not provide for suspects to be freed simply through political negotiation. Once the DPP has preferred charges, the matter must go before the High Court.

That does not mean dialogue has no place at all. Zambian law allows limited alternatives that still run through the courts. The DPP can enter a _nolle prosequi_ to discontinue a case if evidence is lacking.

The Plea Bargaining Act of 2010 allows an accused to plead to a lesser offence, but only with a judge’s approval. For civil disputes and minor offences, out-of-court settlements exist. But for treason, the Constitution and Penal Code require a full judicial process.

State House has acknowledged this distinction. It says President Hichilema is open to proposals aimed at resolving the impasse, including calls by Mundubile’s lawyer Milner Katolo for the African Union and SADC to encourage dialogue. However, officials stress that any resolution “must not compromise the criminal justice system.” In other words, dialogue can address tensions and process, but it cannot replace a court verdict.