Malandu-Ncube was arrested last month on charges of infecting with HIV a female journalist Simiso Mlevu, working for the government owned Chronicle newspaper.
However on Thursday after listening to both submissions from the state prosecuting team and the defence, Dzira ordered that Malandu-Ncube be taken for HIV testing without giving reasons to support the ruling.
“I hereby order that the accused undergo an HIV testing at a government hospital and I am postponing the matter to 21 July when I expect the accused to have been tested,” said Dzira.
But speaking to journalists after the ruling Malandu- Ncube lawyer Mlweli Ncube of Munjanja and Associates said was taking the matter to High Court to block the HIV testing.
“We are not happy with the magistrate ruling at all and we are now preparing a High Court chamber application to block the state from taking my client for HIV testing,” said Ncube.
Malandu Ncube who belongs to the smaller faction of the MDC was arrested last month on allegations deliberately infecting Mlevu with HIV virus.
In the court papers Mlevu said that she had tested negative at the start of their relationship back in 2009 but later discovered that she had become infected after which she confronted her lover. She added that “the MP had refused to cooperate and instead insulted her insisting she was just angry because he had decided to end their relationship.”
It is a crime under Zimbabwe laws to deliberately infect someone with HIV virus. If convicted Malandu-Ncube faces 20 years in jail. He is currently out on US$100 bail