Update: Mundubile and Zulu treason bail case adjourned to 28 October as State and defence agree to bring in the DPP

The Lusaka High Court has adjourned to 28 October the constitutional bail application of opposition leader Brian Mundubile, his running mate Makebi Zulu and 16 other accused, after the State and the defence agreed on Wednesday to bring the Director of Public Prosecutions, Gilbert Phiri, into the case as a respondent. The application is before a three-judge panel made up of Justice Derrick Mulenga, Justice Davies Chibwili and Justice Ireen Wishimanga. Attorney General Mulilo Kabesha told the court that because the application arises from criminal allegations, it is criminal in nature and the DPP, who controls prosecutions, must be a party. He said the DPP would respond once the consent agreement between the parties is filed. Defence lawyer Sakwiba Sikota SC said the defence would not oppose the request in the interest of justice. The two sides also agreed to remove the officials who had been sued in their personal names, among them police officer Harrington Akushanga and Correctional Service Commissioner General Frederick Chilukutu. The 18 applicants are held at Mukobeko Maximum Security Correctional Facility in Kabwe. They face charges that include treason and terrorism-related offences. Mr Mundubile was the presidential candidate of the National Reconciliation Party for Unity and Prosperity in the 13 August general election and Mr Zulu was his running mate. The group also includes former Anglican bishop Trevor Mwamba. None of them has been convicted. The accused filed the application on 14 October. They say that holding them for weeks while investigations continue breaches their right to be brought before a competent court without undue delay, and that if they cannot be tried within a reasonable time they should be released, either unconditionally or on reasonable conditions. They point to a 14 September statement from the DPP that treason investigations were still ongoing. When the matter first came up on Monday 19 October, Mr Sikota told the court his clients