Chavunduka and Choto's trial cannot take place until the Supreme Court issues its ruling.
"If they rule this law is unconstitutional, the charges against these two will be dropped," McElroy said.
Chavunduka and Choto are not waiting idly for their upcoming remand hearing.
"The two journalists have instituted various actions against police and the military," McElroy said.
Chavunduka and Choto have filed suit against several members of the government for damages from illegal arrest and torture, including $50,000 in compensation.
"Mark and Ray themselves say the provisions under which they were prosecuted are far too vague and far too draconian for them to be given a fair trial," she said.
Since news of the arrest and torture became public, journalists and humanitarian organizations across the world have rallied behind Choto and Chavunduka.
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