Brian Mundubile and Makebi Zulu will face their sedition trial in Lusaka, not Solwezi, after the High Court in Solwezi ruled on Wednesday 5 November that the case belongs in the capital.
Justice E.L. Musona ordered the transfer to the Subordinate Court in Lusaka under Section 80 of the Criminal Procedure Code, ending weeks of uncertainty over where the opposition leader and his running mate would be tried, according to LusakaTimes.com.
Why the case was moved to Lusaka
The judge settled a jurisdictional dispute between the State, which wanted the trial held in Solwezi, and the defence, which pushed for Lusaka. Justice Musona noted that Mundubile and Zulu “reside in Lusaka, a fact which was not disputed,” and that they were arrested and held in custody there.
“The circumstances collectively establish a stronger connection with Lusaka and support the conclusion that Lusaka is the more convenient and appropriate forum rather than Solwezi,” Justice Musona said.
“Accordingly, I order that the matter be transferred to the Subordinate Court holden at Lusaka. I so order in the exercise of the power vested in me under Section 80 of the Criminal Procedure Code. Leave to appeal is granted.”
The ruling spares the pair the punishing bus journey between Kabwe and Solwezi for every hearing. It also spares their families, their lawyers and the journalists covering the case the same ordeal. Common sense has, for once, prevailed in our courts, and Zambians should welcome that.
What are the sedition charges about?
The State charged Mundubile and Zulu with two counts of seditious practices under Section 57 of the Penal Code on 11 September. The charges reportedly stem from Facebook livestreams and posts published after the 13 August 2026 General Election.
Prosecutors allege that Mundubile, an opposition presidential candidate, published material claiming his party’s Parallel Vote Tabulation showed he had won the presidential election, and that the broadcasts called on the Electoral Commission of Zambia to resume a halted vote count. Zulu is alleged to have posted a statement saying Mundubile would address the nation and urging members of the public to remain on standby.
Let Zambians be honest with themselves here. A man says he won an election and asks the Electoral Commission to finish counting the votes. For that, he is dragged through the courts on sedition charges. Whatever happened to the right of a Zambian to speak in his own country, on his own soil, about his own election?
The State had lined up witnesses with the intention of trying the pair in Solwezi, a plan that would have kept the case hundreds of kilometres away from where the alleged publications were made, where the accused live, and where the public could follow proceedings. The court has now said no to that arrangement.
Treason bail hearing adjourned
In a separate matter, the Lusaka High Court had been expected to rule on Wednesday afternoon on whether it has jurisdiction to hear a constitutional bail application brought by Mundubile, Zulu and 16 others facing treason charges. The court adjourned the matter to Thursday to allow the defence to respond to a preliminary objection from the State, which argues the application was filed through an improper legal procedure.
Their co-accused include 68-year-old retired Anglican Bishop Trevor Mwamba, George Chisanga and Patrick Mwansa.
When it comes, the jurisdiction ruling will not in itself grant anyone bail. It will only decide whether the court can proceed to hear the application on its merits, as Zambian Observer also reported.
The sedition and treason cases have often been conflated in public debate. Wednesday’s decision in Solwezi dealt with sedition alone.
What the transfer means
The transfer brings the sedition trial closer to the accused’s homes, families and lawyers, as well as to witnesses and the media in Lusaka, where the alleged online publications were made. It also affirms residence, place of arrest and place of custody as relevant factors in deciding where a case should be heard.
That is a small but real victory for fairness in Zambian justice. If the State insists on prosecuting citizens for speaking, the least it can do is prosecute them where they live, where the acts allegedly happened, and where the eyes of the nation can watch every step. Justice done in the shadows of distance is justice that invites suspicion.
Both cases continue. The treason bail application returns to the Lusaka High Court on Thursday, and the sedition trial will now begin its journey through the Subordinate Court in Lusaka.
FAQ
Where will the Mundubile and Zulu sedition trial be held?
The trial will be held at the Subordinate Court in Lusaka, after Justice E.L. Musona of the Solwezi High Court ordered the transfer on 5 November 2026 under Section 80 of the Criminal Procedure Code.
Why was the case moved from Solwezi to Lusaka?
The judge ruled that the accused reside in Lusaka, were arrested there and were held in custody there, which establishes a stronger connection with Lusaka than with Solwezi.
Does the ruling grant Mundubile and Zulu bail?
No. The ruling only settles where the sedition trial will be heard. The separate constitutional bail application in the treason case was adjourned to Thursday 6 November.