HARARE - Zimbabwe opposition party secretary general Tendai Biti is now a free man after a Harare magistrate on Friday granted his application not to be kept on remand.
President Robert Mugabe's government had charged Biti with treason over a controversial document that it says was authored by the Movement for Democratic Change (MDC) party politician and which outlines plans to seize power through unconstitutional means.
He faced the death penalty if convicted of treason.
The opposition politician also faced charges of insulting Mugabe, causing disaffection among security forces and publishing falsehoods when he announced that MDC leader Morgan Tsvangirai had won the March presidential election by an outright majority before the electoral body announced the results.
The trial date was on Thursday set for May 4 but lawyers representing Biti opposed further remand, arguing that the state had failed to serve indictment papers since the case began last year and thereby delayed setting the trial date.
The application for refusal of further remand is therefore granted, magistrate Olivia Mariga ruled on Friday, effectively setting the opposition legislator for Harare constituency free.
The effect of the ruling is that the charges have been withdrawn before plea, said Biti's lawyer Lewis Uriri, adding that the state never intended to prosecute Biti but wanted to use him as a pawn in the negotiations for a government of national unity.
The state was using Biti as a pawn in the negotiations. The state did not have an intention to prosecute him but that it can find some leverage, said Uriri.
Biti, who is himself a practicing lawyer and denies breaking the law, is the MDC's chief representative in power-sharing negotiations with Mugabe's ruling ZANU PF party.
God has prevailed, said Biti addressing scores of MDC supporters who had gathered at the magistrate's court in solidarity with their leader.
Meanwhile, in a landmark development Zimbabwe's House of Assembly will now accept floor-crossing which could see legislators crossing the floor from the other side of the house, Justice Minister Patrick Chinamasa said on Friday.
Chinamasa, who is also the ruling ZANU PF party's chief negotiator at the inter-party talks with the opposition MDC said floor crossing will now be enshrined in the country’s constitution.
"Floor-crossing will now be a permanent feature in our constitution," Chinamasa said.
On Thursday, Chinamasa also told members of the Senate that floor crossing will now be a permanent feature in the country’s constitution.
In his remarks to Senators during his submissions on the Constitutional amendment 19, Chinamasa said "this will be a land mark development in our constitution as floor crossing will now be allowed".
This development effectively means that a ZANU PF member can now become an MDC member or vice-versa.
Constitutional Amendment number 19 is now awaiting assent by Mugabe to become law.
This will be the first time in the country’s history that floor crossing will be approved.
Zimbabwe’s Parliament on Thursday passed constitutional amendments, paving the way for the formation of a power-sharing government between the ruling ZANU PF party and the opposition MDC that is expected to defuse political tensions dating back to the disputed March polls and tackle the country’s crises.
The Southern African Development Community (SADC) last week directed Zimbabwe's rival political parties to urgently form a unity government, ordering that outstanding issues be dealt with between the parties' negotiators before a unity government is put in place by February 13.
Under SADC's plan for the formation of a government of national unity in Zimbabwe, Parliament will amend the country's Constitution by February 5 to create the positions of prime minister and deputy prime minister. Tsvangirai will be sworn in as Prime Minister on February 11. His two deputies will also be sworn in on the same day.
Cabinet ministers will be sworn in on February 13 to complete the process. – ZimOnline