The Lusaka High Court has postponed until next Monday the hearing of a bail application by Zambian opposition politician Brian Mundubile and his former running mate Makebi Zulu, after the state sought to raise a preliminary issue before the court.

The hearing failed to proceed on Monday after the state asked for time to file and argue its preliminary objection, the Times of Zambia reported on Tuesday. The two men remain in custody while they await a decision on bail.

What the two men are charged with

Mundubile, the losing presidential candidate of the National Reconciliation Party for Unity and Progress (NRUP), and Zulu, his former running mate, are jointly charged with two counts of seditious practices under section 57 of the Penal Code.

In the first count, Mundubile is alleged to have called on the Electoral Commission of Zambia to announce the winner of the general election held on 13 August 2026 using parallel vote tabulation results. In the second count, Zulu is alleged to have announced on Facebook that Mundubile would address the nation at a scheduled time.

The case was transferred to Lusaka after Solwezi High Court Judge Edward Musona ruled on 5 November that the capital was the more appropriate venue, because both accused live in Lusaka and were arrested there.

Defence raises concern over delay

Speaking after Monday's court session, defence lawyer Sakwiba Sikota expressed concern about the delay, saying the bail application was filed on 19 October but had still not been heard.

The state was given until Tuesday to file its preliminary objection, and the bail hearing is now set for next Monday, according to reports from the court.

Separate treason case also before court

Mundubile and Zulu are also among 18 people charged with treason and terrorism-related offences in a separate case. They have been in custody since mid-August, and a three-judge panel of the Lusaka High Court was expected to rule on Tuesday on whether it has jurisdiction to hear their constitutional bail application in that case.

The outcome of that ruling had not been confirmed at the time of writing. If the court dismisses the state's preliminary objection, it will proceed to hear the full bail application, which could open the way for the release of the 18 accused pending trial.

All 18 remain accused persons who have not been tried. The bail applications concern their detention pending trial, not the charges themselves, which they deny.