CDF welcomes withdrawal of charges against Biti, Ncube

The Constitution Defenders Forum (CDF) has welcomed the withdrawal of charges against its leaders Tendai Biti and Morgan Ncube, describing their arrest and prosecution as part of a deliberate strategy to suppress dissent against constitutional changes pursued by the Zanu-PF government.

The State withdrew the charges against Biti, the organisation’s convener and co-founder, and Ncube, its national programmes director, on Monday, October 19, 2026 seven months after their arrest over an alleged failure to notify authorities of a meeting in Mutare to discuss opposition to Constitutional Amendment Bill No. 3 (CAB3).

CDF national spokesperson Jacob Rukweza said the withdrawal vindicated the organisation’s longstanding position that the two had committed no crime and should not have been arrested.

“We must make it very clear from the onset that the two CDF leaders were not supposed to be arrested in the first place. From day one we have known and maintained that our leaders were innocent because they did not commit any crime. The withdrawal of charges by the state against our leaders has vindicated us and confirmed what we had always known,” Rukweza said in a statement.

Biti and Ncube were arrested on March 21, 2026, and charged under the Maintenance of Peace and Order Act (MOPA) for allegedly convening a public gathering without notifying the regulating authority.

Their prosecution unfolded as CDF intensified its campaign against CAB3, which proposed sweeping changes to Zimbabwe’s constitutional and electoral framework.

The case experienced repeated postponements, with the State struggling to bring the matter to trial.

At a court appearance in October, the prosecution acknowledged witnesses had not been served, prompting another postponement. 

The State had undertaken to withdraw the charges if the trial failed to proceed on October 19,2026.

On Monday, the prosecution withdrew the charges before a plea was taken, with the defence indicating the State had informed the court it lacked sufficient evidence to sustain an effective prosecution. 

CDF, however, maintains the prosecution was politically motivated, linking the arrests to the organisation’s opposition to constitutional changes that critics argued would consolidate executive power and weaken democratic accountability.

“We have always known the allegations were false and trumped up. We are also aware that the arrest and persecution of CDF leaders is a systematic and deliberate strategy by the Zanu PF regime to suppress dissent and victimise those speaking against the violation of the national constitution,” Rukweza said.

He accused the ruling Zanu PF party of targeting CDF leaders because of their role in mobilising opposition to the proposed amendments.

“The objective is to intimidate and frustrate CDF leaders, instill fear in the general public and to demobilise the democratic contingent fighting against the mutilation of the national constitution,” he said.

The arrests came as Parliament considered CAB3, which proposed extending presidential and parliamentary terms from five to seven years, changing the method of electing the President and restructuring aspects of the country’s governance and electoral institutions.

CDF, which Biti co-founded, was among the organisations campaigning against the proposals, arguing they threatened the democratic safeguards established by the 2013 Constitution.

The proposed amendments were subsequently enacted into law on July 7, 2026, as the Constitution of Zimbabwe Amendment (No. 3) Act of 2026, Act 6 of 2026 (CAA3). 

The legislation provides for the election of the President by members of Parliament and extends presidential and parliamentary terms to seven years. 

The enactment of the law means the withdrawal of charges against Biti and Ncube comes after the constitutional changes they were campaigning against had already taken effect.

The CDF notes the outcome of the criminal case does not end its campaign for the restoration of the previous constitutional framework, as Rukweza said they remained determined to continue challenging the amendments despite attempts to intimidate its leadership and supporters.

“We know that there is a method in the Zanu PF madness. However, the regime must know that we are prepared to die before we can surrender the struggle for the restoration of the 2013 constitution,” he said.

He added the organisation’s membership would not be deterred by the arrests, which he characterised as tactics by a ruling party determined to retain power.

“The CDF membership will not be shaken or intimidated by these primitive tactics by a regime intoxicated with power and determined to turn this republic into a monarchy,” Rukweza said.

“We are determined to fight on until the 2013 constitution is restored.”