DPP TO BE JOINED TO CONSTITUTIONAL BAIL PROCEEDINGS INVOLVING MUNDUBILE AND OTHERS
Lusaka | October 22, 2026 – The Learned Director of Public Prosecutions (DPP) is expected to be joined as a respondent in constitutional bail proceedings involving Brian Mundubile, Makebi Zulu and 16 other petitioners, following an agreement between the parties on the appropriate respondents to the matter.
Constitutional bail proceedings are proceedings in which persons facing criminal allegations ask the Court to examine whether their continued detention is lawful and consistent with constitutional protections. They may also ask the Court to release them on bail, which means allowing them to remain out of custody while their case continues, usually subject to conditions such as reporting to the police, surrendering travel documents or avoiding contact with witnesses among many others.
The parties will execute a consent order to facilitate the amendment of the parties.
A consent order is a legally binding order issued by the Court giving effect to an agreement reached between the parties to a case.
This consent order will enable the formal joinder of the DPP and the removal of two police officers who were previously cited in their individual capacities.
Joinder means adding a person or institution as a formal party to court proceedings because the Court considers that they have a relevant legal role or interest in the matter.
The development follows questions concerning the proper representation of public officials and the role of the DPP in constitutional proceedings arising from criminal allegations.
The petitioners are seeking relief from the Lusaka High Court in relation to their continued detention, including release on bail or such other terms as the Court may determine.
The proceedings raise issues concerning the constitutional rights of persons accused of criminal offences, the legal requirements governing pretrial detention and the respective responsibilities of institutions involved in the administration of criminal justice.
Pretrial detention refers to holding an accused person in custody before the criminal case has been concluded. And this case, it is not a finding that the person is guilty as the Court must consider whether continued detention is justified under the law.
The agreement to amend the parties is a procedural step intended to ensure that the appropriate parties are before the Court. It does not constitute a determination of the substantive issues raised in the petition. In other words, the agreement addresses who should properly participate in the case; it does not decide whether the petitioners should be granted bail or whether their constitutional claims will succeed.
The matter is scheduled to come before a three-judge panel of the High Court on October 28, 2026, when the constitutional bail proceedings are expected to be heard.
The National Prosecution Authority remains committed to discharging its constitutional mandate in accordance with the law, due process and the principles governing the fair administration of criminal justice.