MUTARE – Firebrand lawyer and opposition figure Tendai Biti and fellow activist Morgan Ncube were granted US$500 bail each by a court in Mutare on Monday, but were barred from holding public meetings without police clearance.
Biti, 59, a former finance minister and convener of the Constitution Defenders Forum (CDF), and Ncube, 45, were arrested last Saturday while organising a meeting to discuss the controversial Constitutional Amendment Bill No. 3.
They are charged with violating the Maintenance of Peace and Order Act for allegedly convening a public gathering without notifying authorities.
Magistrate Honest Musiyiwa, as part of the bail conditions, ordered the two men to continue residing at their given addresses, to report fortnightly at ZRP Borrowdale (Biti) and Beitbridge (Ncube) and not to convene a gathering without seeking authority from the police.
Prosecutors opposed bail, arguing the duo were flight risks and could interfere with investigations.
Reacting to the ruling, the CDF welcomed the granting of bail but condemned the conditions as excessive and unconstitutional.
“These conditions are excessive, lack justification in the interest of justice, and undermine rights protected under Section 67 of the constitution,” the organisation said in a statement.
The CDF argued that the restrictions infringe on fundamental freedoms, including assembly and association, expression, movement and administrative justice.
“Bail conditions must be lawful, reasonable and proportionate. Bail is intended to secure attendance before the court, not to impose sweeping limitations on fundamental rights,” the group said.
It also said the prohibition on convening meetings effectively curtails constitutionally protected political activity, adding that magistrates must act within the confines of the constitution.
The CDF said it would challenge the conditions through legal channels.
The case comes as tensions soar over the proposed reforms backed by the government, which could extend President Emmerson Mnangagwa’s rule beyond 2028 and shift presidential elections to parliament.
Critics say the changes entrench power and have triggered a crackdown, with activists reporting abductions, intimidation and assaults in recent weeks.
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