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The hearing of a constitutional bail application by opposition leaders Brian Mundubile, Makebi Zulu and 16 others failed to take off for the third time before the Lusaka High Court.
The court ordered that all 18 applicants, who are detained at Mukobeko Maximum Security Prison, be brought before it on Thursday at 10:00 hours.
It warned that the officer in charge of the prison must personally appear before the court and explain any failure to comply with the directive.
The matter was adjourned after the defence sought more time to respond to the State’s affidavit in opposition, which was served on the lawyers on Tuesday evening.
The three-judge panel comprises High Court judges Derrick Mulenga, who is presiding, Davies Chibwili and Ireen Wishimanga.
In their application, National Revolution Party (NRPUP) presidential candidate Mundubile, his running mate Zulu and the 16 other applicants argue that their continued detention while investigations remain incomplete violates their constitutional rights.
They contend that incomplete investigations should not justify prolonged detention and that the law guarantees their right to be brought before a court without undue delay.
Read More: Mundubile, Zulu, 16 others’ bail hearing adjourned to next week
The applicants are seeking unconditional release or bail on reasonable conditions if they cannot be tried within a reasonable time.
One of the defence lawyers, Milner Katolo, said the legal team had worked into the early hours of Wednesday preparing an affidavit in reply and supporting arguments after receiving the State’s response at about 17:00 hours on Tuesday.
Katolo said the defence had hoped to file the documents after the applicants were brought to court to sign them, but the detainees had not been brought before the court as ordered during the previous hearing.
He said the State had acknowledged communicating with prison authorities to facilitate the applicants’ attendance but had been unable to explain why they were not brought to court.
However, Chief State Advocate Chali Hambayi said the adjournment followed an application by the defence for more time to respond to the State’s affidavit.
Hambayi said the parties had agreed to file their respective documents by close of business on Tuesday, adding that the State had complied with the agreed timeline.
She maintained that the adjournment was therefore occasioned by the defence’s request for additional time to prepare its response.
The other applicants include business executive Harry Findlay and three former commandos.
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