By Fanuel Chinowaita
MUTARE — Opposition politician Tendai Biti and former Beitbridge mayor Morgan Ncube have been freed after the State withdrew charges against them before plea at the Mutare Magistrates’ Court on Monday, October 19, 2026, ending a seven-month legal battle linked to their opposition to Constitutional Amendment Bill No. 3.
Provincial Prosecutor Mutyasira told the court that the matter had been withdrawn, bringing the proceedings against the two to an end without a trial.
Biti and Ncube were arrested in Mutare on March 21, 2026, over allegations that they convened a public meeting without notifying the regulating authority.
Speaking after the court proceedings, Biti said their arrest was a consequence of their opposition to the proposed constitutional changes, vowing to continue fighting against the Bill.
“We were arrested because we stood up against the tyranny of Constitutional Amendment Bill Number Three,” Biti said.
He described the withdrawal as a victory after months of court appearances, which he said had left them frustrated.
“Now today they’ve succumbed after we have been coming here hundreds of times, being frustrated, being made angry. But you know that we will not stop this fight,” he said.
Biti said their campaign would continue until the Constitution was restored to what he described as its 2013 position and the proposed constitutional changes were abandoned.
“You know that we will not stop until the Constitution has been restored to its 2013 position and tyranny and authoritarianism in the form of Emmerson Mnangagwa and this gang of syndicates like Kudakwashe Tagwirei, Tungwarara and others are no longer part of the political infrastructure in Zimbabwe,” he said.
He maintained that their campaign was about defending constitutionalism, the rule of law and democratic governance.
“All we are asking for is constitutionalism and the rule of law. All we are asking for is a just, free, fair Zimbabwe,” Biti said.
He also criticised what he described as economic inequality, arguing that Zimbabwe needed an economy that created jobs and benefited the wider population rather than a small political and economic elite.
“All we are asking for is an economy that creates jobs and benefit everyone except a few elite,” he said.
Biti called for the abandonment of Constitutional Amendment Bill No. 3 and what he described as efforts to extend President Emmerson Mnangagwa’s stay in power under the government’s Agenda 2030 programme.
“Beginning with the dismantling of Constitutional Amendment Bill Number Three. Beginning with the dismantling of the desire and push to Agenda 2030. Beginning with the agenda and desire to make this country a monarchy,” he said.
“This is not a monarchy. This country will never be a monarchy,” Biti added.
The two were charged under Section 7(5) of the Maintenance of Peace and Order Act, relating to failure to notify the regulating authority of an intention to hold a public meeting.
The defence disputed the State’s case, arguing that the gathering was private and challenging the prosecution’s position on the notification requirements.
The case was postponed several times, with the defence repeatedly expressing frustration over the State’s failure to commence the trial.
At the October 6 hearing, prosecutor Mutyasira sought another postponement to October 19, citing the unavailability of a witness. Defence lawyer Advocate Chris Ndlovu opposed the application, arguing that the parties had previously agreed that the charges should be withdrawn if the trial failed to commence on the scheduled date.
At the time, Mutyasira said the State could not be forced to withdraw the charges but indicated that the case would be thrown out if proceedings failed to begin on October 19.
The State subsequently withdrew the charges before plea, bringing the case to an end without a trial or a judicial determination of the allegations against Biti and Ncube.