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.