A Lusaka magistrate says the treason charge against UPND leader Hakainde Hichilema is bad at law.
But the magistrate says only the High Court can quash a treason charge even if it is bad at law or defective.
But government prosecutors are trying to make another charge of treason.
The magistrate said there is nothing on the charge to show what the accused person did to prove the charge of treason.
Magistrate said an accused person can only plead to a charge of treason if it itemises all the covert acts he is alleged to have committed.
The magistrate referred to a case of Shamwana and others where 11 covert acts were listed but says in this HH case, there is a vacuum.
The magistrate said the case must be taken to the High Court to formally quash it.
At this point the prosecutors stood up to make another case of treason.