Harare – MDC Alliance deputy national chairmanTendai Biti has filed an appealat the High Court challenging his conviction by a Harare magistrate on allegations of contravening the Electoral Act.
The former finance minister was last week convicted of two counts of contravening the Electoral Act after he announced 2018 election declaring Advocate Nelson Chamisa, the MDC Alliance presidential candidate for the 2018 elections as the winner.
On the first count, he was sentenced to seven days imprisonment with an option of a $200 fine and he was sentenced to six months imprisonment which was wholly suspended on condition of good behaviour by Harare magistrate Gloria Takundwa on the second count.
Biti through his lawyers Beatrice Mtetwa and Alec Muchadehama said the magistrate erred in convicting him.
“The magistrate grossly erred in convicting and sentencing the accused,” said Mtetwa.
“The magistrate also misdirected herself in failing to consider pre-trial violations of the accused rights and the legality of his arrest,” said the lawyer.
Biti insists that he was unlawfully before the local court as he was “abducted” from Zambia.
It is his defence that he was supposed to appear before a Zambian court the day he was arrested and there is a Zambian High Court order to confirm that position.
He is insisting that Takundwa had no jurisdiction to hear his case.
In his application, Biti also said he also announced official results which were first posted outside polling stations by Zimbabwe Electoral Commission (ZEC).
The State proved that he unlawfully announced results before ZEC against the Electoral Act.