Update: Mundubile and 17 others ask High Court for bail, saying State admits it is still investigating

Brian Mundubile, Makebi Zulu and 16 other treason suspects have told the High Court that the State cannot keep them in custody while it continues to investigate a case it has already brought against them. In their application for constitutional bail, they say the State's admission that investigations are ongoing proves it is not ready to prosecute and that their detention is violating their constitutional rights. The 18 accused are charged with treason over allegations that include possession of high-grade military items. They are held in custody and have also sued Attorney General Mulilo Kabesha for alleged violations of their constitutional rights while detained. The State opposes the bail application. Its lawyers argued that the application is criminal in nature, which required the Director of Public Prosecutions, Gilbert Phiri, to be joined to the proceedings. Last week the two sides agreed to add the DPP to the case and to drop two officers who had been named in their personal capacities. The long wait before the case reached court has been a source of dispute since the arrests in late August. In September, Mr Phiri defended the time it takes to bring complex cases to court, saying due diligence has to come first so that investigators can gather witness statements, medical reports and other evidence. He called it appalling that suspects are expected to appear in court a day after arrest regardless of the complexity of the case. The Law Association of Zambia has called for the release of the suspects, who were detained for weeks without being taken to court. ## Why it matters The case tests how far the State can hold people charged with the gravest offence in Zambian law while it is still gathering evidence. A ruling that investigations cannot continue indefinitely after a charge would affect many other people held in police cells and prisons across the country, not only politicians. Mr Mundubile contested the August presidential election under NRPUP and the