Harare/Johannesburg  - A Zimbabwe magistrate court on Tuesday postponed remand proceedings in the case of top human rights campaigner and eight other rights activists until the legality of their arrests and detention has been heard by a superior court.

Jestina Mukoko and her co-accused are being held on charges of banditry.

"The accused will remain in custody pending the outcome of the determination of cases in superior courts," Magistrate Olivia Mariga said, however.

Charles Kwaramba, a lawyer for the activists said : "We are happy that they have not been placed on remand but the must not be kept in custody. We are hopeful that the Supreme Court will release them."

The Supreme Court is to consider the legality of the charges and the circumstances surrounding their alleged kidnapping by state agents. No date has been set for the hearing.

Tuesday's court case followed submissions by lawyers for Mukoko and the activists, who are mainly from Zimbabwe's opposition Movement for Democratic Change
(MDC).

Mukoko was seized at dawn on December 3 from her home in Norton, some 40 kilometres south-west of the capital Harare. Her whereabouts remained unknown until her surprise court hearing on December 24 to face charges of recruiting or training for banditry.

The other activists, allegedly abducted in October, were also brought before court on similar charges. The accused allege they have been tortured in detention and are in need of medical attention.

"Why shouldn't they (activists) be treated as complainants telling the court what happened during their torture with the state looking for the perpetrators, instead they (the state) are condoning what the perpetrators did," Karamba said.

The activists have remained in police custody despite a High Court ruling last month that they get released to a private clinic. The state wants them treated at a prison clinic.

Defence lawyer Beatrice Mtetwa, told the court Tuesday: "They cannot be remanded since they were brought to court illegally. These are victims of torture and disappearances. For that reason one cannot be saying they must remain in custody. They cannot be brought to any court otherwise it will be a travesty of justice and condoning such illegality."

MDC leader Morgan Tsvangirai has threatened to pull out of a deal for power-sharing he signed with President Robert Mugabe and his Zanu-PF party in September over the government's brutality towards opposition activists. (dpa)