Biti, Ncube Granted Bail as Political Tensions Escalate Over Constitutional Amendment

By Martin Muleya

Prominent opposition figure and convener of the Constitutional Defenders Forum (CDF), Tendai Biti (59), and the organisation’s national programmes director, Morgan Ncube, were on Monday granted bail of US$500 each by Honest Musiyiwa at the Mutare Provincial Magistrates Court.

The two were arrested on Saturday afternoon and charged under Section 7(5) of the Maintenance of Peace and Order Act (MOPA), Chapter 11:23, for allegedly failing to notify the regulating authority of their intention to hold a public meeting.

Represented by Chris Ndlovu of Gonese and Ndlovu Legal Practitioners, Biti and Ncube appeared before the court as the State laid out its case, arguing that the duo had convened an unlawful public gathering at Number 26B Carrington Darlington in Mutare.

Prosecutor Tiri Vanhu Mutyasira told the court that the venue in question is commonly associated with political meetings linked to opposition movements such as the MDC Alliance and the Citizens Coalition for Change. The State further alleged that the meeting, attended by approximately 30 people, including a journalist, did not have the requisite clearance from authorities and was convened to discuss Constitutional Amendment Bill No.3, an issue the prosecution claimed the accused were not mandated to address.

Despite the State’s assertions, the court granted the two bail under standard conditions. These include a directive not to convene or address public gatherings without notifying the relevant authorities, as well as an order to report twice weekly to the nearest Criminal Investigations Department (CID) Law and Order section. The matter has been remanded to April 13, 2026.

The arrest and subsequent court proceedings come at a time of heightened political tension in Zimbabwe, as debate intensifies around the proposed Constitutional Amendment Bill No.3. The contentious legislation has sharply divided opinion, with critics describing it as a fundamental alteration, if not a “mutilation”, of the country’s Constitution.

The unfolding developments have cast a spotlight on the role of the ruling ZANU PF and raised fresh concerns about the independence of key institutions, including Parliament and law enforcement agencies.

Across the country, reports of arrests, intimidation, and alleged abductions of individuals opposing the amendment have heightened fears of a shrinking democratic space. Civil society organisations have warned of what they describe as a systematic clampdown on dissent, as authorities move to contain growing resistance to the proposed changes.

CDF spokesperson Jacob Rukweza strongly condemned the arrest of Biti and Ncube, describing it as politically motivated and lacking legal basis. He argued that the engagements conducted by the two were private civic meetings, which, in his view, do not fall under the purview of MOPA.

“We view these arrests as calculated acts of repression by a regime determined to close all democratic spaces,” Rukweza said. “Our leadership did not break any law. Their only ‘offence’ is leading the campaign against Constitutional Amendment Bill No.3.”

The case has also drawn attention to a broader pattern of scrutiny faced by outspoken critics of the amendment. Constitutional law expert Lovemore Madhuku and other prominent figures have reportedly been subjected to increased monitoring following their public opposition to the Bill.

As Zimbabwe navigates this increasingly volatile period, the case of Biti and Ncube underscores the broader stakes at play. What began as a legal and constitutional debate has now evolved into a wider contest over governance, civil liberties, and the future of democratic institutions.

With the matter set to return to court in April, and tensions showing no signs of easing, the country remains at a critical crossroads, one that will likely shape its political and constitutional trajectory for years to come.