ARRESTING THE CONSTITUTION WILL NOT SILENCE THE PEOPLE

The arrest of Constitution Defenders Forum convenor Tendai Biti and organiser Morgan Ncube is yet another chilling reminder of how far the Zimbabwean state is willing to go to suppress dissent. What should have been a routine civic engagement has instead been turned into a criminal matter, exposing the deepening crisis at the heart of governance in Zimbabwe.

Biti, a former Finance Minister and long standing voice for constitutionalism, together with Ncube, was arrested and charged under the Maintenance of Peace and Order Act for allegedly failing to notify the police of a public meeting. This charge, often used as a blunt instrument against opposition voices and civic actors, reflects a pattern where the law is weaponised to control citizens rather than protect them.

A Mutare magistrate’s court granted both men bail set at US$500 each, but the conditions attached reveal the true intent behind the arrest. Biti was ordered to surrender his passport and even the title deeds to his Chisipite residence in Harare. Such excessive measures are not about ensuring court attendance. They are about intimidation. They are about sending a message to anyone who dares to organise, mobilise, or speak.

Both men have also been barred from addressing political gatherings and warned not to interfere with state witnesses. In effect, they have been politically silenced under the guise of legal procedure. This is not justice. This is control dressed up as law.

The reaction from human rights organisations has been swift and unequivocal. Amnesty International Zimbabwe, alongside other civic groups, has condemned the arrests as arbitrary and unconstitutional. Their position reflects a growing consensus that Zimbabwe’s legal framework is increasingly being distorted to serve narrow political interests at the expense of fundamental freedoms.

At the centre of this confrontation is the Constitution Defenders Forum, a new civic formation that has emerged in direct opposition to proposed constitutional amendments. These amendments seek to extend the term of Emmerson Mnangagwa while introducing a raft of changes to political, electoral, and governance structures. For many Zimbabweans, this represents not reform, but regression.

The targeting of CDF leadership is not accidental. It is strategic. By weakening those who challenge constitutional changes, the state attempts to clear the path for controversial reforms to pass with minimal resistance. Yet this approach carries significant risks. History has shown that suppressing legitimate civic voices does not eliminate dissent. It drives it underground, where it becomes harder to manage and more volatile.

What is particularly concerning is the broader signal this sends about the state of democracy in Zimbabwe. When citizens must seek permission to gather, when failure to notify authorities becomes grounds for arrest, and when bail conditions are used to silence political participation, the line between governance and repression becomes dangerously blurred.

This moment is not just about Biti or Ncube. It is about the shrinking civic space in Zimbabwe. It is about whether the constitution remains a living document that protects citizens, or whether it becomes a tool manipulated by those in power to extend their rule.

The attempt to criminalise civic engagement will not resolve the underlying tensions facing the country. If anything, it will deepen them. Zimbabwe stands at a crossroads where the choice is clear. Either the state respects constitutionalism and allows open democratic participation, or it continues down a path where law is used as a weapon against the very people it is meant to serve.

Arresting defenders of the constitution will not defend it. Silencing voices will not create stability. And history will not be kind to those who confuse power with legitimacy.