HARARE – Tendai Biti was freed on bail on Thursday after a dramatic 48 hours in which he sought political asylum in Zambia but was turned down, before being deported back to Zimbabwe in defiance of a court order.

In a crescendo of international outrage, the senior MDC Alliance leader was handed over to Zimbabwean police by Zambian authorities early Thursday, before being driven to Harare.

One of his lawyers following the vehicle transporting him from Chirundu had his tyres deflated, allegedly by some state security agents, his lawyers said.

Biti was booked at the Harare Central Police Station, and with his lawyers preparing to apply to the High Court to have him returned to Zambia, police made a pre-emptive move by taking the former Finance Minister to court where he was charged with two counts: one of declaring a false election result and another of inciting public violence.

Biti, a prominent lawyer, had 10 lawyers in his defence team, while the state, unusually, felt sufficient pressure to bring out three prosecutors for what would normally be a mundanely dour initial remand appearance.

Representatives of foreign embassies, notably the United States, which has been stridently outspoken on Biti’s treatment, sat in the gallery.

Surprisingly, the prosecution – led by Justin Uladi assisted by Michael Reza and Jonathan Murombedzi – did not seek his further detention, instead asking magistrate Francis Mapfumo to set bail at $5,000 with stringent conditions.

On count one, Uladi alleged Biti unlawfully announced that MDC Alliance president Nelson Chamisa had won the July 31 Presidential Elections.

Prosecutors say following on Biti’s pronouncements, on August 1, about 60 MDC Alliance activists took to the streets demanding the immediate release of results by the Zimbabwe Electoral Commission.

The group, it is alleged, went to Simon Vengesai Muzenda Bus Terminus, better known as Fourth Street, where they destroyed property and vehicles.

It is alleged Biti arrived and stopped them, before he and the protesters both chanted MDC Alliance slogans. Prosecutors say Biti ordered the protesters to destroy a campaign billboard for President-elect Emmerson Mnangagwa, saying in Shona: “Endai munobvisa banner hatidi mbavha muno (Go and remove that billboard, we don’t want thieves here).”

He allegedly “followed” protestors who proceeded to the Zanu PF headquarters leaving a trail of destruction along the way. It is alleged he watched as the protestors destroyed billboards at the Zanu PF headquarters and also windows before setting several cars and a bus alight.

Prosecutors said they did this as police watched. According to the state, property destroyed is worth $345,000.

Soldiers broke-up the protest after opening fire on protesters with live ammunition, killing at least seven and wounding dozens more, some bayoneted.
Uladi suggested Biti be released on $5,000 bail; to report twice a day to the police; surrender his passport; surrender title deeds to his Chisipite house as well as to continue residing at the same address. The state also suggested he stays at his other address in Umwinsdale.

The state said he should be barred from addressing any political gathering until his case is finalised as part of his bail conditions. He is not to interfere with witnesses who according to the state are Zanu PF supporters.

The magistrate granted bail as per the prosecution’s conditions. Biti will be back in court on Friday after his lead lawyer Beatrice Mtetwa said she wanted to raise several issues that will affect the integrity of the case.

Mtetwa was assisted by Alec Muchadehama, Harrison Nkomo, Gift Mtisi, Jeremiah Bamu and about 25 other lawyers in the gallery.