Mundubile, Zulu and 16 others stay at Mukobeko as court adjourns constitutional bail hearing to 5 November

The Lusaka High Court has adjourned to 5 November the constitutional bail application of opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 other detainees, and says there will be no further adjournments. The 18 were brought from Mukobeko Maximum Security Correctional Facility in Kabwe on Thursday and taken back after the sitting. The matter resumes at 09:00. The three-judge panel of Justice Derrick Mulenga, Justice Davies Chibwili and Justice Ireen Wishimanga adjourned the case so the State could study the response the applicants filed that day, a 32-paragraph affidavit in reply and 13 paragraphs of skeleton arguments. Attorney General Mulilo Kabesha told the court the State needed more time because the filing was bulky. Defence lawyer Milner Katolo opposed a fourth adjournment and asked for an early return date. The State first suggested 3 November, but Mr Katolo said that day clashed with another matter involving the first and second applicants before Judge Nsone, which left 5 November. He said the court told the parties that if either side is not ready on that day, it will close the matter and rule on the documents and arguments already filed. The 18 have been in custody for 63 days since their arrest on 27 August. They face charges of treason and terrorism-related offences, and none of them has been convicted. Lead defence counsel Sakwiba Sikota told the court that their continued detention is unlawful and unjustified, and that they have a constitutional right to bail and to a speedy trial. He also objected that the hearing was not open to the public, with heavy security around the court and families and photographers kept out. Mr Katolo argued that paragraph 59 of the National Prosecution Authority's manual recognises constitutional bail where trial proceedings have been delayed. He also told the court that applicant Harry Findlay has missed several appointments with his cardiologist in South Africa and needs steady medical monitoring. #