The constitutional bail application by opposition leader Mr Brian Mundubile and 17 others accused of treason failed to proceed in the Lusaka High Court after the State said it was not ready. The court moved the hearing to Wednesday, while the accused remain in custody.

The adjournment came after acting Chief State Advocate Chibesa Mulonda asked for more time to file an affidavit opposing the application. A three-judge panel granted the request. The panel comprises Ndola High Court Judge Derrick Mulenga, who leads it, Justice Davies Chibwili and Justice Ireen Wishimanga.

The 18 accused, who include Mr Makebi Zulu, face treason and terrorism-related charges. They had been transported from Mukobeko Maximum Correctional Facility in Kabwe and were at the court premises by 07:00 hours.

Defence lawyer State Counsel Sakwiba Sikota said the accused had been woken at around 04:00 hours and driven to Lusaka on empty stomachs. He said no provision had been made for their breakfast.

“We have hurriedly organised some food for them so that at least they can have something to eat because they were brought with no provision for breakfast,” Mr Sikota said. “The State didn’t seem to be bothered or make an attempt to provide for that.”

Mr Sikota said the defence had served the State with the bail summons the previous Thursday. In his view, that left the prosecution with ample time to prepare its response.

“We had served the State last Thursday; they have had the documents for a number of days now. However, today the State said they were not ready and asked for an adjournment to enable them to put in documents in opposition,” he said.

Under the timetable set by the court, the State was ordered to serve the defence with its documents by lunchtime on the day of the adjournment. The defence must then file any answer and an affidavit in reply the following day, ahead of the hearing on Wednesday at 08:30 hours.

“They have been ordered to serve us with whatever they have in their possession,” Mr Sikota said, adding that the matter would be heard on Wednesday.

The accused were not present in chambers when the adjournment was granted. Mr Sikota explained that proceedings had not moved beyond procedural arrangements, and the legal team later briefed the applicants in the court holding cells.

Mr Mundubile, the National Reconciliation Party for Unity and Prosperity (NRPUP) presidential candidate in the general election, is joined in the application by figures from business, the church and the legal profession. Among the other accused are business executive Mr Harry Findlay, former Anglican Bishop Trevor Mwamba, Mr Patrick Mwansa and lawyer Mr George Chisanga.

The group is linked to alleged militia activities during the general elections. These are allegations they will have the opportunity to answer before the court.

At the heart of their application is the length of their detention. The applicants argue that keeping them in custody while investigations remain incomplete violates their constitutional rights.

They accept that the State is entitled to investigate criminal allegations. They contend, however, that incomplete investigations cannot justify prolonged detention without judicial proceedings.

The applicants say the law guarantees them the right to be brought before a court without undue delay. If they are not tried within a reasonable time, they argue, they must be released either unconditionally or on reasonable conditions.

Court documents show that the applicants also raise alleged irregularities relating to remand warrants, their conditions of detention and their access to medical care. They maintain that despite being arrested last month and remaining in custody, they have not yet been presented before a competent court.

The application cites the alleged apprehension of Mr Ezra Tolopo, Mr Dickson Tembo and Mr Victor Muzyamba at Kenneth Kaunda International Airport on 1 August. The applicants claim the three were then held at unknown locations for more than nine days.

The applicants are seeking release pending trial, either unconditionally or on conditions the court considers appropriate. They also want a declaration that their continued detention, without trial within a reasonable time, violates their constitutional rights.

Attorney General Mulilo Kabesha and two others are cited as respondents.

The applicants maintain that no judicial determination has authorised their continued incarceration. They say they are ready to answer the charges against them before a competent court.

The panel led by Judge Mulenga will hear arguments from both the State and the defence on Wednesday at 08:30 hours. The 18 accused remain in detention until then.

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