Lusaka High Court Judge Derrick Mulenga has ordered Brian Mundubile, Makebi Zulu and 16 others to be brought before court tomorrow for the continuation of their constitutional bail hearing, which failed to take off today.
The court has further directed that the officer in charge of the prison holding the 18 applicants must personally appear and explain their absence if they are not brought to court as ordered.
The matter has been adjourned to tomorrow at 10:00 hours, amid differing accounts from the defence and the State over why the hearing could not proceed.
The defense lawyer Milner Katolo says they received the State’s affidavit opposing bail at around 17:00 hours yesterday and worked into the early hours preparing its response, expecting the applicants to be brought to court to sign the documents before filing.
The lawyer say the applicants’ absence frustrated their efforts to proceed with the hearing.
However, Chief State Advocate Chali Hambayi maintains that the hearing was adjourned at the defence’s request to allow more time to respond to the State’s affidavit, insisting that the State served its documents within the agreed deadline of close of business yesterday.
The 18 applicants, who have been in custody since August 14, 2026, are seeking constitutional bail over alleged treason, sedition and terrorism-related offences, arguing that they should not remain detained indefinitely while awaiting trial.
The court is now expected to hear the application tomorrow, with the prison officer facing a personal obligation to explain any failure to produce the applicants.
By Josphat Hamakala
