Mutare provincial magistrate Lucy Anne Mungwari on Tuesday refused to remove Malvern Mudiwa, the chairperson of the Chiadzwa Community Development Trust, from remand.
Mudiwa, younger brother of Mutare West MP Shuah Mudiwa, is facing charges of criminal nuisance.
The state alleges that sometime in November last year, Mudiwa allegedly instructed villagers settled around the Chiadzwa diamond fields to defy a government directive ordering them to relocate to Arda Transau Farm.
Mudiwa allegedly told villagers that they should not relocate until they received compensation from government.
Mudiwa’s lawyer Passmore Nyakureba said his client had been on remand since November 8 2010 but had still not received State papers to enable him to prepare their defence.
The State, which was being represented by Andrew Motsi, argued that Mudiwa could not be removed from remand alleging he had once failed to appear in court and was on a warrant of arrest.
Motsi said if Mudiwa had not defaulted, the trial could have proceeded.
He also applied to the magistrate for the case to be given another date for commencement of trial.
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The magistrate urged the State to furnish the defence with the charges to expedite Mudiwa’s trial slated for May 11.
