Defence counsel for Brian Mundubile and Makebi Zulu withdrew after a Lusaka magistrate refused an adjournment and ordered plea, while the State moved to strike video evidence from their constitutional bail application.
Lawyers for Zambian opposition leaders Brian Mundubile and Makebi Zulu withdrew from their sedition case at the Lusaka Magistrates' Court on Wednesday, 11 November, after Magistrate Webster Milumbe refused an adjournment and insisted they take plea, Zambia Monitor and Lusaka Times report. The case had been transferred from Solwezi.
Senior counsel Bonaventure Mutale said the defence could not proceed without instructions on the indictment, calling it "serious misconduct" to do so; Sakwiba Sikota SC said inadequately instructed counsel should not stay on record. Director of Public Prosecutions Gilbert Phiri said the lawyers were free to withdraw and the State would deal with the consequences, and the magistrate let them go. Zulu, himself a lawyer, then argued for himself and Mundubile that taking plea before preliminary questions on the indictment were settled could prejudice their defence, citing their constitutional right to adequate time and facilities. The DPP called this "machinations" to delay. The magistrate granted an adjournment for the two to find new lawyers: Zambia Monitor reports seven days, and Lusaka Times gives the return date as 24 November.
The sedition charges arise from social media posts on 14 August, the day after the general election won by President Hakainde Hichilema. Mundubile, who finished second, is accused of posting that his party was leading on its parallel vote tabulation and calling on the Electoral Commission to resume counting; Zulu, his running mate, of posting that Mundubile would address the nation.
Separately, the two men and 16 others, in custody since 14 August on charges of treason, sedition and terrorism, are seeking constitutional bail in the Lusaka High Court, as treason is ordinarily not bailable. On Tuesday a three-judge panel dismissed the State's objection that the petition was improperly brought. The State has now asked the court to strike five paragraphs and a flash-disk video, which Lusaka Times says shows a raid at Zulu's home, from the applicants' affidavit, questioning the recording's authenticity. The applicants say the material answers the State's claim that they are flight risks. The judges are due to rule on Friday, 13 November, before hearing the bail application.
