MDC Deputy Chairperson and Harare East legislator, Tendai Biti has applied for exception of charges indicating that the current charges he was facing did not constitute a criminal offence.
Appearing before Harare Magistrate, Gloria Takundwa through his lawyer Beatrice Mthetwa from the Zimbabwe Lawyers for Human Rights, Biti said there was no criminal offence in his announcement that Nelson Chamisa had won the Presidential elections as he had done so using information that was already in the public domain.
The matter was rolled over to December 12 for ruling.
Biti was arrested at the Zambian border post after he tried to cross into the neighbouring country to seek asylum claiming he was running away from persecution by the state security.
He told the court that his mother, brother and nephew were harassed by unidentified men who visited their houses looking for him.
Biti further claimed that gunshots were fired at his brother when he was on his way to Bindura in the company of his minor children.
He also told the court that on August 2, there was an attempt on his life by unidentified people driving unmarked vehicles.
He is out on $5 000 bail, granted by Harare magistrate Francis Mapfumo.
Biti is also facing charges of contravening Section 66A(1) of the Electoral Act Chapter 2:13, which prohibits the unofficial or false declaration of election results.
The Zimbabwean law states that only the Zimbabwe Electoral Commission (ZEC) chairperson is empowered to declare the winner of an election.
Tafadzwa Mupariwa is appearing on behalf of the State.
