Jailed former Citizens Coalition for Change (CCC) MP Job Sikhala had his application for discharge in a case he is accused of disorderly conduct dismissed by a Harare magistrate Yeukai Dzuda on Tuesday.
Sikhala is jointly charged with Chitungwiza mayor Lovemore Maiko.
The two said they would be appealing at the High Court because Dzuda's ruling was unreasonable.
Dzuda said the prosecution had a strong case and the pair should proceed with their defense case.
Jeremiah Bamu, who is representing Sikhala said they would be taking the matter up with the High Court.
"I have instructions to apply for review on the basis that this court made a factual finding that there are inconsistencies. He is now in sixes and sevens trying to figure out how to respond to them in his defense.
"We therefore seek time to file the review and we intend to have filed it before the end of the week. So perhaps we could have an interim remand for two weeks."
Dzuda said she did not have the powers to pause the trial and instead postponed the matter to October 24 for continuation.
The State is alleging that the two, together with other members of CCC disrupted a Zanu PF rally for the then aspiring ward 7 Zengeza West councillor Charamba Mlambo, ahead of the March 2022 by-elections.
It is alleged that they led a group of CCC supporters to where the rally was being held and started pelting Zanu PF supporters with stones.