HARARE – The trial of MDC MP Tendai Biti on charges of contravening the Electoral Act commenced on Monday with the human rights lawyer challenging the involvement of Michael Reza as the lead prosecutor.

As trial commenced before Harare Magistrate Gloria Takundwa, the Harare East MP filed an application objecting to the involvement of Reza as lead prosecutor.

Biti’s lawyers Beatrice Mtetwa, Alec Muchadehama and Jeremiah Bamu told magistrate Takundwa that Reza should recuse himself from prosecuting Biti as he was not fit to be a prosecutor.

The lawyers charged that Reza is not independent or impartial as provided in section 260 of the Constitution and had acted in a partisan manner when he deposed an affidavit in the High Court accusing Biti of inciting and masterminding the August 1, 2018 violence, where soldiers killed six people.

Reza submitted an opposing affidavit in a matter in which Biti is seeking a review of Harare magistrate Francis Mapfumo’s decision not to release his passport to allow him to travel outside the country to seek medical treatment.

The lawyers argued that leaving Reza to conduct the trial would be prejudicial to Biti hence the National Prosecuting Authority should assign someone else to lead the prosecution.

Magistrate Takundwa will hand down her ruling on Biti’s application on November 15.

Biti is on trial on allegations of contravening the Electoral Act. He is accused of unlawfully and unofficially announcing the July 30, 2018, presidential election results.

Biti was arrested on August 8, 2018, after being returned from Zambia under unclear circumstances.

Prosecutors allege that Biti, who is currently out of custody on bail, unlawfully and unofficially announced or purportedly declared that the MDC Alliance leader Nelson Chamisa had won the elections when in actual fact the Zimbabwe Electoral Commission (ZEC) officials, who are mandated to make the declaration had not yet declared the official results or winner, in contravention of the Electoral Act.

Six witnesses are scheduled to testify against Biti during the trial.