The constitutional bail hearing for Brian Mundubile, Makebi Zulu and 16 others stalled on Monday after the State told the Lusaka High Court it was not ready to respond to their application.
Defence lawyer Sakwiba Sikota told the court that the accused had been woken up at about 04:00 hours at Mukobeko Maximum Security Correctional Facility in Kabwe and transported to Lusaka without breakfast.
He said the defence had hurriedly organised food for the accused after discovering they had travelled without eating.
Acting Chief State Advocate Chibesa Mulonda asked the court for more time to prepare an affidavit opposing the application, despite the State having been served with the defence documents last Thursday.
Sikota said the State had sufficient time to prepare its response and expressed surprise that it was not ready.
A panel of three judges led by Ndola High Court Judge Derrick Mulenga adjourned the hearing to Wednesday, October 21, 2026, at 08:30 hours.
The panel, which also comprises Judges Davis Chibwili and Ireen Wishimanga, directed the State to serve its affidavit in opposition by Monday, while the defence was given until Tuesday to file any response.
The 18 accused were held in the holding cells within the court premises before being transported back to Kabwe immediately after the hearing.
Among the accused are three former commandos, Patrick Mwansa, a son-in-law of former President Edgar Lungu, former Anglican Bishop Trevor Mwamba and businessman Harry Findley.
In their application, the accused are seeking an order for their release, either unconditionally or on reasonable conditions to ensure their attendance at trial and other proceedings.
They are also asking the court to declare that their continued detention without trial, taking into account the period they have spent in custody, violates their rights.
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The case stems from allegations involving a militia group whose activities authorities say threatened national security following the August 13, 2026, general election.
In August, Secretary to the Cabinet Patrick Kangwa said a security operation at a property in Lusaka’s Kabulonga area had uncovered individuals allegedly linked to military plans involving foreign nationals and illegal military training camps.
Authorities also reported seizing military weapons and ammunition.
Mundubile has denied that his party had a militia, saying the National Reconciliation Party for Unity and Prosperity did not support violence or attempts to overthrow the constitutional order.
The accused face various charges, including treason, sedition and offences relating to the prohibition of terrorism.
The court was under heavy security, with some roads closed during the proceedings.
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