Ngoni Dapira

MUTARE Magistrate Honest Musiiwa yesterday (Tuesday) gave a temporary exception to former Finance Minister (2009-2013) and prominent opposition politician Tendai Biti (59) on surrendering his passport to the clerk of court after he applied for special consideration.

Biti and his co-accused Morgan Ncube(45), the former Mayor of Beitbridge in Matabeleland South, Ncube, who served from 2018-2020, on Monday were granted bail on specific conditions after being arrested in Mutare for 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.’

The State represented by Tirivanhu Mutyasira, the district public prosecutor, did not oppose bail on Monday but set conditions. The State had previously argued that he 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.

However, during the bail hearing on Monday the defense lawyer Chris Ndlovu of Gonese and Ndlovu Legal Practitioners, pleaded that the accused number 1 (Biti) had to travel outside the country today (Wednesday) and return back on Sunday for an important meeting. The State advised that a separate application be made without changing the bail conditions.

As advised, yesterday, Ndlovu applied for a temporary allowance of his passport which was granted by Magistrate Musiiwa. Biti who had been granted bail on Monday was immediately given back his passport but is expected to surrender it to the clerk of court at Mutare Magistrates Courts next week Monday after his return on Sunday and abide by the bail conditions outlined on Monday.

In his ruling on Monday Magistrate Musiiwa granted the co-accused (Biti and Ncube) bail of US$500 each and ordered them not to convene and address public gatherings without seeking authority from the relevant authority until the matter is finalised.

“The 1st and 2nd accused are ordered not interfere with State witnesses directly or indirectly. The 1st accused (Biti) to surrender his passport to the clerk of court Mutare. The 2nd 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 1st accused and ZRP Beitbridge for the 2nd accused,” said Magistrate Musiiwa in his ruling on Monday before his acceptance to consider the leniency application yesterday for a temporary exception of Biti’s passport until next week Monday.

According to the 242 request for remand document Biti and Ncube 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.

Magistrate Musiiwa remanded the case to April 13.