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The espionage case against Raphael Nakacinda was on Thursday delayed in the Lusaka High Court after prosecutors filed a revised and more detailed indictment, prompting the defence to request additional time before the Patriotic Front faction secretary general can take plea.
Nakacinda, who is currently incarcerated, had last week denied an earlier version of the espionage charge under Section 3(c) of the State Security Act. But when the matter came up, State Advocate Mildred Muchimba presented a new indictment that differed from the one already before the court.
Defence lawyer Bonaventure Mutale told Justice Mwaka Ngoma that the defence team had only been served with the amended document upon arriving in court. He said the fresh indictment contained substantial new detail that required consultation with the accused.
“When we arrived, we were furnished with a fresh indictment which is different from the one on record. This amended information is quite detailed and we need to get fresh instructions from our client,” Mutale submitted.
Responding to concerns about timing, Muchimba said the State had not intended to ambush the defence, explaining that the document had been availed in advance of a formal application to amend the charge under Section 273 of the Criminal Procedure Code.
According to the revised particulars, the State alleged that Nakacinda, jointly with unknown persons, engaged in acts prejudicial to the safety or interests of the Republic between August 26 and September 29, 2023.
Prosecutors said the alleged acts were committed through statements appearing in a YouTube documentary titled “The Grand Regional Scheme: How Foreign Powers and Local Elites are Destroying Africa Part 1 and Part 2,” which they claim were intended, directly or indirectly, to be useful to a foreign power or disaffected persons.
After the new indictment was read out, Justice Ngoma asked whether the accused was ready to enter a plea. Mutale told the court that the defence needed time to study the amended charge and advise their client accordingly.
“In the circumstances we will need time to guide our client. He is not ready to take plea,” he said.
A family spokesperson for Nakacinda, Chola Mupeta, later said the delay had caused distress but that the family hoped the full facts would eventually be ventilated in court.
“We are simply praying for due process and fairness. Mr. Nakacinda is prepared to defend himself, but it is only right that his lawyers are given time to understand the new allegations,” Mupeta said in a brief interview.
The State did not oppose the defence request, and the court adjourned the matter to April 29, 2026 for plea and a possible commencement of trial.
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