Ngoni Dapira 

FORMER Finance Minister (2009-2013) and prominent opposition politician Tendai Biti (59) was yesterday (Monday) granted bail at Mutare Magistrates Court with his co-accused Morgan Ncube (45) following their arrest on Saturday afternoon.

Biti who appeared before Mutare Magistrate Honest Musiiwa together with his co-accused, the former Mayor of Beitbridge in Matabeleland South, Ncube, who served from 2018-2020, according to the 242 request for remand document are being charged with contravening Section 7(5) of the Maintenance of Peace and Order Act chapter 11:23, ‘Contravening to notify the regulating authority of intentions to hold a public meeting.’

“Accused number 1 Luxton Tendai Biti being the convener of the Constitutional Defender’s Forum and accused number 2 Morgan Ncube being the national programmes director of the Constitutional Defenders Forum acting in common purpose one or both of them convened a public meeting at Number 26 B Carrington in Darlington, Mutare which is a place commonly known for holding public political meetings for MDC Alliance and Citizens Coalition for Change, without the authority of the Regulating Authority for Mutare Central District. The meeting was attended by about 30 members of the public including a journalist from the Wasu Post who are not members or position holders in the Constitutional Defenders Forum. The meeting was convened to discuss Constitutional Amendment Bill Number 3 which they were not mandated to do,” read the charges.

It was further alleged that that those who attended the meeting were wearing t-shirts inscribed, “#Our Constitution our fight #Miswai Hands off our Constitution.”

The State represented by Tirivanhu Mutyasira, the district public prosecutor, did not oppose bail but set conditions. In their bail application, the defense lawyer Chris Ndlovu of Gonese and Ndlovu Legal Practitioners opposed two of the bail conditions by the State.

Ndlovu opposed the bail condition that ordered the two not to convene and address public gatherings without seeking authority from the relevant authority until the matter is finalized describing the condition as too wide-ranging. He also pleaded for the court to give Biti a few days before surrendering his passport since he had a trip overseas on Wednesday coming back on Sunday.

“The 5th condition is too wide and misinterpreted. If one of the two accused was to attend a wedding or funeral and asked to speak, it could be interpreted as a violation of that bail condition. So we are not agreeing with the State there,” said Ndlovu.

Mutyasira argued that all the bail conditions must be maintained as they are and the defense could apply separately for the special consideration for Biti’s passport to be submitted later after his trip as requested. The State argued that the passport was needed because accused number 1 was likely to abscond given a previous incident in August 2018 where he was caught at Chirundu Border Post attempting to flee the country into Zambia after he was called by the police for questioning facing allegations of unofficially or false declaration of election results and inciting public violence just after the elections ended.

Magistrate Musiiwa adjourned the court for 10 minutes before giving his ruling.

In his ruling he said he would take the 5^th and 6th bail conditions as they are in favour of the State. He granted the co-accused bail of US$500 each and ordered them not to convene and address public gatherings without seeking authority from the relevant authority.

“The 1^st and second accused are ordered not interfere with State witnesses directly or indirectly. The 1^st accused (Biti) to surrender his passport to the clerk of court Mutare. The 2^nd accused not to apply for a fresh passport until the matter is finalized. The two must report twice every week on Monday and Friday at their nearest CID Law and Order station. In this case as specified, ZRP Borrowdale for the 1^st accused and ZRP Beitbridge for the 2^nd accused,” read Magistrate Musiiwa.

Magistrate Musiiwa remanded the case to April 13.

The matter which drew public attention since morning recorded a packed gallery that saw other people being locked out of the courtroom. The co-accused appeared before Magistrate Musiiwa at 3pm and the bail hearing took about 45 minutes.  There was also heavy police presence in and outside the court that monitored proceedings. Biti who was wearing a blue sweater and blue jeans whilst Ncube wore a white t-shirt and blue jeans was arrested on Saturday afternoon around 2pm. They were detained in police custody till yesterday (Monday). Former Manicaland opposition legislators like Regai Tsunga of Mutasa South and Trevor Saruwaka of Mutasa Central attended the court in solidarity with Biti and Ncube.

Ndlovu said for some unexplained reason lawyers were blocked from having access to the accused on Saturday.” One of the hallmarks of a functional legal system is the right to a fair trial and to legal representation but in this case it was not respected. We will argue this at the appropriate time,” said Ndlovu in his defense submission.

Wasu Post reporter Fanuel Chinowaita and lawyer Nyasha Mukonyora were on Saturday also briefly detained after being arrested at the meeting, but were later released without charges. Their mobile fans were also confiscated.

CDF was formed early this year to defend the Constitution and promote constitutionalism particularly in response to the proposed ammendments in Constitutional Amendment Bill Number 3 which seeks to extend President Emmerson Mnangagwa’s term limit by two years up to 2030.