Update: State opposes bail for Mundubile and 17 others, saying the state prosecutions chief was left out of their case

The State has formally opposed the constitutional bail application by Brian Mundubile, the National Reconciliation Party for Unity and Prosperity presidential candidate, his running mate Makebi Zulu and 16 others. A three-judge panel of the Lusaka High Court is due to hear it on Wednesday 21 October at 08:30. The 18 are held at Mukobeko Maximum Correctional Facility in Kabwe and face treason, sedition and terrorism-related charges linked to the period after the 13 August general election. None has been convicted. On Tuesday the hearing could not proceed because Acting Chief State Advocate Chibesa Mulonda told the court the State was not ready and asked for time to file an affidavit opposing the application. The panel, led by Justice Derrick Mulenga with Justice Chibwili and Justice Ireen Wishimanga, agreed. It ordered the State to serve its papers on the defence by lunchtime and the defence to file an answer and an affidavit in reply the next day. The State's affidavit was sworn by Assistant Superintendent Savious Hakumbi of the Fraud and Cyber Crimes Unit. It argues that Attorney General Mulilo Kabesha and Correctional Service Commissioner General Frederick Chilukutu are public officers acting in their official duties and cannot be sued in their individual capacities. It says constitutional bail proceedings are criminal in nature and cannot be decided unless the Director of Public Prosecutions, who runs criminal prosecutions, is named as a party, meaning a side in the case. It adds that treason cases take long because the investigations are extensive and complex, and asks the court to take notice of the time taken in the treason cases of Edward Jack Shamwana, Christon Tembo and Hakainde Hichilema. Courts, it says, weigh the seriousness of the offence, the risk of absconding, public safety and the time already spent in custody. The applicants include former Anglican Bishop Trevor Mwamba, business executive Harry Findlay, Patrick Mwansa, lawyer George Chisanga and