Opposition Movement for Democratic Change (MDC) Organising Secretary, Amos Chibaya and his deputy Sibusisiwe Masara have challenged the court to free them from remand following a chain of postponements by the state.
Chibaya and Masara are facing trumped up charges for failing to stop a demonstration in 2019 and the trial has been postponed to 11 March 2020 after the state failed to present its witness.
Through their lawyer Obey Shava, the two applied for a removal from remand if the State fails to provide witnesses on the next trial date.
The court however agreed with the defence that if the State fails to provide witnesses, then the two MDC leaders will be removed from remand.
The defence lawyers also asked the matter to be put before a different magistrate on the grounds that the magistrate presiding over the case was not impartial.
Chibaya was arrested last year over the banned demonstrations that had been planned by the party in five cities across Zimbabwe.
He was the convener of the protests that the opposition says were aimed at forcing the government to address the country’s socio-economic challenges as well as force President Emmerson Mnangagwa to agree to dialogue with opposition leader Nelson Chamisa.