High Court throws out Biti appeal
MDC-ALLIANCE principal Tendai Biti’s attempt to have Harare Magistrate Mr Francis Mapfumo’s ruling denying the temporary release of his passport overturned, failed at the High Court yesterday.
Mr Mapfumo dismissed Biti’s application for the release of his passport on September 26 on the basis that he is a flight risk since he was arrested while attempting to flee the country.
High Court judge Justice Erica Ndewera, who dismissed Biti’s latest application, said he was in agreement with Mr Mapfumo’s judgment.
He, however, ruled that Biti will be removed from remand and given his passport back if he is not given a trial date on his next remand hearing.
Biti, through his lawyers — Ms Bea- Halimani — made an application for the release of his passport from September 26 to October 23 for him to attend counselling sessions for post-traumatic disorder in South Africa and a conference organised by Pan-African lawyers’ Union in Tunisia.
The State, represented by Mr Michael Reza, opposed the application, stating that there was no need for him to go for treatment in South Africa because he was invited for medical treatment yet he had not indicated that he was not well.
Biti is facing charges of inciting violence and contravening Section 66A (1) of the Electoral Act Chapter 2:13, which prohibits the unofficial or false declaration of election results.
He is alleged to have unlawfully declared opposition party leader Mr Nelson Chamisa as the winner in the presidential elections held on July 30.