Harare Magistrate Francis Mapfumo on Friday 31 August 2018 dismissed Biti’s application which he
filed early this month challenging his prosecution considering that he was seized from Zambia and
illegally brought to Zimbabwe. Magistrate Mapfumo ruled that there is no basis to permanently stay
Biti’s prosecution as he was properly arrested and arraigned before the court.
But Biti’s lawyers immediately notified Magistrate Mapfumo that they will file an application in the High
Court seeking a review of his ruling because it is grossly unreasonable.
Biti, who is out of custody on $5 000 bail, was arrested early this month and charged with contravening
section 66 (A) (1) of the Electoral Act for allegedly announcing unofficial presidential results for the
2018 harmonised elections held in July and with committing public violence as defined in section 36 of
the Criminal Law (Codification and Reform) Act. Prosecutors alleged that Biti purportedly announced
the results of the presidential election on 31 July 2018 and declared that MDC Alliance party leader
Nelson Chamisa had won the presidential election before the Zimbabwe Electoral Commission (ZEC)
had announced the official results. The prosecutors also claimed that Biti, one of the MDC Alliance
party leaders incited some of his supporters to commit public violence and pulled down an election
campaign banner for ZANU PF party leader Emmerson Mnangagwa and burnt some vehicles and
property worth $345 000.
In his application for a stay of proceedings in court, Biti, who is represented by Beatrice Mtetwa, Alec
Muchadehama, Harrison Nkomo and Gift Mtisi of Zimbabwe Lawyers for Human Rights had argued
that he is unlawfully appearing in Zimbabwean court as he was abducted from Zambia and unlawfully
brought to Zimbabwe in breach of international customary law as he ought to have been appearing in
the Zambian High Court on 09 August 2018 for a determination of his political asylum status.
Meanwhile, Biti heaved a sigh of relief after Magistrate Mapfumo granted an application for the
relaxation of his bail conditions. His lawyers argued that Biti was literally under house arrest as he was
reporting twice a day at CID Law and Order Section at Harare Central Police Station as part of his bail
conditions.
Magistrate Mapfumo ordered Biti to report at CID Law and Order Section at Harare Central Police
Station once a week on Fridays.
Biti returns to court on Tuesday 02 October 2018.
Post published in: Featured