Harare Magistrate Gloria Takundwa has just convicted opposition politician Tendai Biti of contravening parts of the Electoral Act for announcing on July 31, 2018, that MDC leader Nelson Chamisa had won the 2018 presidential polls.
Biti was found guilty of declaring Nelson Chamisa as the winner in the July 30 poll, ahead of ZEC releasing official results. Magistrate Takundwa said,
The court found that at the end of the prosecution case, a prima facie case was established. The state managed to prove all the essential elements of the offence….[Biti] presented his announcement as authentic and his actions had the potential to undermine the official announcement by ZEC. The intention of the Act is to prevent such behaviour exhibited by the accused which undermines the authority of ZEC.
Biti was facing two charges, one of announcing the results and one of declaring Nelson Chamisa as President. Biti who is being represented by renowned human rights lawyer Beatrice Mtetwa and Alec Muchadehama had pleaded not guilty to both counts that he was facing but was convicted none the less. Muchadehama advised the court that he wants to file an application before sentencing. Section 66A of the Electoral Act under which Tendai Biti has been convicted of breaching says that he faces a fine or imprisonment for up to one year or both.
The United States of America has previously expressed its concern at the arrest of Biti last year and said that one of the conditions for re-engagement with Zimbabwe was the dropping of all charges against Biti.
Magistrate Takundwa treated the two counts as one and sentenced Biti as follows: $200 fine or 7 days imprisonment for the first count 6 months in jail which was wholly suspended on condition of good behaviour for the second count.
Biti will NOT lose his seat in Parliament as the part of the Constitution of Zimbabwe regarding an MP says that the seat will become vacant if the Member is convicted
in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element; or outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element; and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment, unless on appeal the Member’s conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted.
The court found that at the end of the prosecution case, a prima facie case was established. The state managed to prove all the essential elements of the offence….[Biti] presented his announcement as authentic and his actions had the potential to undermine the official announcement by ZEC. The intention of the Act is to prevent such behaviour exhibited by the accused which undermines the authority of ZEC.
Biti was facing two charges, one of announcing the results and one of declaring Nelson Chamisa as President. Biti who is being represented by renowned human rights lawyer Beatrice Mtetwa and Alec Muchadehama had pleaded not guilty to both counts that he was facing but was convicted none the less. Muchadehama advised the court that he wants to file an application before sentencing. Section 66A of the Electoral Act under which Tendai Biti has been convicted of breaching says that he faces a fine or imprisonment for up to one year or both.
The United States of America has previously expressed its concern at the arrest of Biti last year and said that one of the conditions for re-engagement with Zimbabwe was the dropping of all charges against Biti.
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| Tendai Biti Convicted For Announcing Election Results, Sentenced To 6 Months |
Biti will NOT lose his seat in Parliament as the part of the Constitution of Zimbabwe regarding an MP says that the seat will become vacant if the Member is convicted
in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element; or outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element; and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment, unless on appeal the Member’s conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted.
