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Opposition leaders Brian Mundubile and Makebi Zulu, former Anglican bishop Trevor Mwamba and 15 others will have to wait until next week for the hearing of their constitutional bail application after preliminary issues raised by the State stalled proceedings.
The matter has been adjourned to October 28, 2026, after the State and the defence agreed that Director of Public Prosecutions (DPP) Gilbert Phiri be joined as a respondent, while Head of the Anti-Fraud and Cyber Crime Unit Harrington Akushanga and Zambia Correctional Service Commissioner-General Frederick Chilukutu be removed from the proceedings.
Phiri was present in court when the parties reached the agreement.
Addressing the media after the chamber hearing, Attorney General Mulilo Kabesha said the two officials had been sued in their personal capacities despite performing official duties and had not been served with the court process.
He said the parties had agreed to remove the two officials and join the DPP because the application arose from criminal proceedings.
Kabesha said Phiri would be served with the application and arguments after the consent order was filed, adding that the court had not set a deadline for his response.
Defence lawyer Sakwiba Sikota said the accused had agreed to the State’s preliminary issues to avoid further delays and allow the court to determine the application on its merits.
Sikota said the defence had accommodated the State’s requests because its intention was to ensure that substantive justice was delivered expeditiously. However, he said the State still sought more time, resulting in the adjournment.
He also complained that the 18 accused had not been brought to court, saying their lawyers had been unable to obtain final instructions from them.
Sikota said the State had not given a reason for their absence, but the court directed that the accused be produced at the next hearing.
A three-judge panel comprising Ndola High Court Judge Derrick Mulenga, Justice Davies Chibwili and Justice Ireen Wishimanga is scheduled to hear the application at 09:00 hours.
The 18 accused, who are detained at Mukobeko Maximum Security Prison, face various charges, including treason and offences relating to terrorism and sedition.
They accuse the State of violating their rights by failing to present them before a competent court for about two months after their apprehension.
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