Tendai Biti Law
@BitiLawChambers
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Constitutional Law|Human Rights| Corporate Law| Banking &Finance | Labour Law|Conveyancers|Personal Injuries Claims|Public Interest Litigation |Debt Collection
Harare, Zimbabwe
Joined June 2017
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Pinned Tweet
The Chilonga matter was finally head by a full bench of the Constitutional Court this morning. The right of native aboriginal Africans to own their own land is sacrosanct. We are privileged to have argued this important case . We thank the Hlengwe people &
@ZLHRLawyers
. Zikomo
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BREAKING NEWS: The constitutional court has just handed down a judgment in a case argued by our principal
@BitiTendai
holding that the age of sexual consent is 18 not 16.Provisions of the law that held that the age of consent is 16 have been struck down. More details to follow..
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We are proud to report that on behalf of the Hlengwe Shangaan people of Zim s Lowveld we have filed landmark application seeking to reverse 120 years of a colonial legal order that holds that an African can’t own land in communal lands&holds that such land belongs to a President
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Pursuant to an application we filed in October 2020, the High Court today set aside SI161 of 2020 which obliged payment of vehicle plates in US$.Justice Chinhamora ruled that Min Of Transport had no power of levying charges in US$.Gvt must now refund motorists
@ZLHRLawyers
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On 19 July 2014 , our clients Michael Nyika & Chrispen Tobaiwa , serving soldiers in the ZNA were brutally assaulted by the Police & left with serous permanent injuries. 9 year later the Police are refusing to pay them damages,hiding behind section 70 of the Police Act which ..
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We spend the entire morning in the High Court before Justice Munangati-Manongwa arguing against the constitutionality of s314 of Urban Councils Act .This is the provision which allows the Local Gvt Minister to reverse decisions of a Council . Min July Moyo has abused this law
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Wishing more blessed years to our senior partner
@BitiTendai
. May you continue to grow in strength and courage in fight for a just Zimbabwe. Zikomo.
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We were privileged to be part of legal team that fought for defense of constitution to ensure that judges retire at 70.We are proud of our collaboration with
@adv_fulcrum
. His combination with our Senior Partner
@BitiTendai
is a devastating combination. Thank you
@adv_fulcrum
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We are in the process of preparing challenges to both Constitutional Amendment No 1 & No 2 . In the process of this work we are amazed by the sheer lack of attention to detail by the authorities. We are shocked by the wanton disregard of the provisions of the constitution .
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The High Court has set aside section 314(2) of the Urban Councils Act Cap 29:15.This provision allowed the Minister of Local Government to issue directives to local authorities. It effectively allowed the Minister to run & interfere with local authorities
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We have been asked to prepare Heads of Argument in a matter pertaining to the legality & constitutionality of the law of adultery . In your opinion should Zimbabwe abolish the delict of adultery ? Yes or No ?
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The Monavale Wetland is Zim s biggest wetland & only wetland protected by the Ramsar Convention.We are pleased to report that today Supreme Court upheld decision nullifying an environmental impact assessment & development permit that had been obtained by a Harare developer
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In 2019 the Gvt of Zimbabwe caused chaos & severe economic loss to millions of Zimbabweans when it demonitised the US$ & introduced the valueless Zim$.We are pleased to announce that the High Court has declared unconstitutional the appropriation of US$ savings in our own case
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The Chinese takeover of ancestral land in
#Dinde
Hwange is no different from the takeover of Shangaan land in Chilonga.Our court application challenging s4 of Communal Land Act vesting rural land in State is progressing quickly. We offer to help the people of
#Dinde
#SaveDinde
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Today is our Senior Partner’s Birthday. We at
@BitiLawChambers
would like wish you a happy Birthday.
Thank you for being slefless in the fight for a better 🇿🇼🇿🇼🇿🇼🇿🇼.
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The High Court has this morning postponed to next Tuesday, an application brought by
@ZIMCODD1
challenging SI27of 2023 which imposed Blended Inflation in Zimbabwe.
@ZIMCODD1
s case is that inflation can only be calculated in one currency
@ZLHRLawyers
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In 2021 the High Court set aside SI166 of 2021 which allowed the Minister Transport to charge US$80 for license plates(number plates).We are pleased that this morning a Supreme Court bench comprising of Justices Makoni,Chiweshe&Musakwa confirmed the High Court Order
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Many have requested a copy of the order setting aside payment of vehicle license fees in US$ . We attach herewith a copy of the same .Payment of vehicle license fees in US$ has been outlawed so don’t be forced to break the law
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We are pleased to report that the High Court through Justice Kwenda has just granted an urgent interdict& spoliation order in favor of our client Onesimo Zvavairo whose Kwe kwe farm had been invaded by Lewis Matutu.We now hope the sheriff &the police will now execute the order
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Mitigating factors being presented by Mr Muchadehama.
@BitiTendai
is a father of four, a parliamentarian, senior member of the legal profession with 27 years experience, He is currently paying school fees for 20 children.
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Earlier today the High court of Zimbabwe through Justice Zhou, invalidated exchange controll directive RT 120/ 18 which arbitrarily imposed the comversion of the USD to RTGS dollar
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The Supreme Court of Zimbabwe has today ruled that the Right to shelter/ housing does exist in Zimbabwe and is a justiciable right in terms of the Constitution of Zimbabwe.
@BitiTendai
@DianaKawenda
@LawyersvPoverty
@SERI_RightsSA
@UNHABITAT
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We congratulate the
@lawsocietyofzim
for 40’years of existence .We are proud members of same .We note the fresh unprecedented attack on its existence by the present government. We will fight to protect its independence & it’s impartiality .
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Today the High Court of Zimbabwe heard argument in the landmark challenge against sections 4& 6 of the Communal Lands Act which vests rural land in the President.Our argument was that the law was a colonial relic premised on racist notion that an African could not own land.
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Day 3 of
@BitiTendai
trial, cross examination going on for the state’s 2nd witness. Former chief inspector Jealous Nyabasa who effected the unlawful arrest at Chirundu, Now comes before the courts being promoted to the rank of Assistant Commissioner.
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The High Court has reserved judgment in the application brought by
@ZIMCODD1
challenging SI27 of 2023 which introduced blended inflation.On behalf of
@ZIMCODD1
we argued that SI was irrational & grossly unreasonable & that in any event was ultra vires enabling Act.
@ZLHRLawyers
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The conviction of
@MakomboreroH
is fatally flawed&will be set aside by any reasonable appeal court.Circumstantial evidence can only stand if it excludes every other reasonable explanation.( R v Blom,R v Mirasoni)Mako s explanation can not possibly be said to be wrong or fanciful
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The full judgment of the High Court in Kika & Another vLuke Malaba NO & Others is now out .It is a balanced ,well reasoned judgement in which the courts protected not just the constitution but also the autonomy of the law.We now await to defend this judgment anywhere any time
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When lawyers become targets of wanton violence that becomes proof of the total decimation & breakdown of the rule law. We condemn in the strongest of terms the vicious assault on Human Rights Lawyer Obey Shava
@ZLHRLawyers
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Since 2019 we have acted for Richard Beattie & Penny Stone in their action to recover US$142000 unlawfully converted by a bank.We are proud&privileged to have won yet another landmark.We are grateful to Advocate
@Rex27
who argued the case on our behalf.We are truly truly humbled
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In court today,
@BitiTendai
was arguing on the constitutionality of S I 145 of 2019 together with the empowering Grain Marketing Act before Phiri J. The act is being challenged on the basis that it creates a monopoly thus violating the following:
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The Johanne Marange Apostolic sect shrine is a crime scene and must be declared as such!!!!
#JusticeForMemory
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Remember this ? The Constitutional Court has just handed down judgment holding that Section 27 of POSA is unconstitutional
@BitiTendai
fought well and hard
The Constitutional Court will this morning hear arguments against Newbert Saunyama and the Police pertaining to the legality of Police bans on public processions done in terms of section 27 of POSA. Join us for this epic struggle for human rights
#POSAmustFall
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The
@ZLHRLawyers
has been on the forefront of protecting human rights in ZimWithout it legal landscape of human rights defenders would be different. We therefore congratulate it & its Director
@rose_hanzi
for winning 2021 Vera Chirwa Human Rights award by
@CHR_HumanRights
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The constitutionality of S I 33 of 2019 matter ( Hamauswa matter) has been postponed to Wednesday the 24th of July , 2019.
@ZLHRLawyers
.
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In the last3 weeks we have been privileged to argue 5 landmark constitutional applications .In case of Fred Matanda v President of Zim we argued before Justice Chitapi that SI127 of 2021 which forced people to trade inUS$ & allows Central Bank to issue fines was unconstitutional
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Tomorrow the High Court hands down judgment in one of the most defining cases of Zimbabwe that seeks to reverse the 1919
Privy Council judgment in In re Southern Rhodesia, that held that Africans could not own land . We wait with bated breadth .
ZLHR Court Diary: On Thursday, the High Court will hand down judgment on a landmark challenge of Sections 4&6 of the Communal Lands Act, which vests rural land in the President & on an application filed by some Chilonga villagers challenging govt’s plans to evict more than 12 000
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Away from firing Chief Justices ,on Monday 24 May 2021 we will argue the important case holding that suspending by elections was unconstitutional
@ZLHRLawyers
@WalpeAcademy
@Wamagaisa
The court case filed by
@ZLHRLawyers
on behalf of
@WalpeAcademy
and
@ercafrica
vs the
@MoHCCZim
on 13 October 2020 challenging the indefinite suspension of by-elections will finally be heard before Justice Musithu at the High Court on Monday, 24 May 2021 at 9am.
#ByElectionsNow
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1. In court today
@BitiTendai
‘s trial continues. Beatrice Mthetwa makes an application for recusal of the presiding officer on the basis, that she is likely to be biased or her actions borders on the line of malice.
@ZLHRLawyers
@DianaKawenda
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On the 23rd of September , 2020 we managed to secure a ground breaking judgement wherein the Constitutional Court of Zimbabwe in the matter between Hilton Chironga & Rashid Mahiya v The Minster of Justice, Minister of Defence & 2 Ors......
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We are privileged and humbled to have argued this important matter.We are very humbled by leading space we occupy in Strategic Litigation and Constitutional Test Cases.We firmly believe in Critical School of Legal Studies view that law can be an instrument of change
@veritaszim
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1. Tomorrow we will be arguing in the High Court of Masvingo in the matter Concillia Chinanzvavana v The Minister of Justice & Legal Parliamentary Affair & 3 Others.
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..requires legal action against the police to be brought within 8 months. Our clients have challenged the constitutionality of s 70 of the Police Act and the High Court will hear arguments on 21 July 2023
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We have just received distress calls from our clients in Chilonga to the effect that Masvingo Provincial Minister Ezra Chadzamira intends to hold a “consultative” meeting tomorrow in Chiredzi. Chiefs& other traditional leaders have been summoned.However only
#ZANU
DCCstructures .
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Minister of Finance
@MthuliNcube
has gazetted SI 96 of 2022
amending the Finance Act & the Income Tax Act thus increasing Capital Gains Tax &the IMMT,in line with recent policy measures announced by the Government.Min Mthuli is not Parliament & can not amend an act of Parliament
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We have spend the last two years representing poor working people & pensioners arguing that the official exchange rate was a fiction & that de- dollarizarion was an unconstitutional appropriation of values.We applaud
#DeltaBeverages
for a rare case of corporate bravery
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We have received yet another distress call from our clients in Chilonga , Chiredzi.Provincial Minister Ezra Chadzamira &CIO are forcing marching village heads to a meeting tomorrow at Mtomani Ward 6 Chilonga.The community is now fear stricken amid attempt to manufacture consent
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The Constitutional Court has postponed our case brought by the Hlengwe Shangaan people to Wednesday 22 June . The Hlengwe have brought an application challenging the unlawful expropriation of their land by the State . They argue that section 4 of the Communal Lands Act which
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Congratulations on registering Job Wiwa Sikhala!
@BitiTendai
& staff welcoming Job 2 noble profession
#GoodVibes
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This effectively means that license plates(number plates)should never have been paid in US$ but in local currency.The Minister of Transport had no power to charge US$.
@ZLHRLawyers
brought this case on behalf of motorist Mfundo Mlilo whose car was impounded for having no plates
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Today we will be exploring the Right to freedom of conscience as provided for in section 60 1 (b) of the Constitution of Zimbabwe and the Freedom of expression & freedom of the media in Section 61(a).
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Earlier on -
@BitiTendai
and
@DianaKawenda
pose for a photo soon after her registration. Welldone!! Makorokoto!!! mwachita bwino!!! Welcome to the Profession
@DianaKawenda
.
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Brilliant presentation by
@BitiTendai
lawyers urged ro make the Constitution a living document.
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Section 198 compels gvt to pass a law comprehensively dealing with corruption including asset disclosures & term limits for SOE heads. We are pleased that the High Court has granted judgment forcing government to come up with such law in 3 months .
@veritaszim
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Our firm is working on matters related, to occupational health and safety in the mining industry if anyone has details of those affected by this incident, kindly link them up with us, for legal assistance
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@BitiTendai
whilst arguing the matter, simply stated “you cannot give me goats when i gave you cows.”
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Today s important judgment is perhaps most far reaching judgment by our Courts on procedural issues relating to EnvironmentalLaw. Privileged to have successfully argued case with
@ZLHRLawyers
&
@fiona_iliff
.Climate change & environmental degradation are humanity s big challenge
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In our 2016 our law firm won the land mark case of
#Mudzuru
in which Constitutional Court outlawed child marriages . 5 years later authorities have not complied with that judgment to enact a law outlawing child marriages.Gvt must therefore be held to account for Marange death
Ziyambi -'' In the case of issues at hand, it is not about marriage per se because marriages are outlawed. That Marange man does not have a marriage certificate, he is not married to the girl, but they cohabit''
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Today we were privileged to argue a constitutional matter representing young women whose case is that the age of sexual consent must be raised to 18 in alignment with the constitution.With child marriages exploding it is our hope that Constitutional Court will protect children
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In late 2020 we had the honor of representing
@MakomboreroH
&
@CdeTatenda
who brought an application to compel regime to establish the s210 mechanism provided for in t constitution on security sector oversight. Court ruled in their favor.
@MakomboreroH
is no criminal.Let him free
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As is on record,
@BitiTendai
highlighted that the statement he made was similar to the statements made by Emmerson Mnangagwa, Paul Mangwana and ZEC itself.
@ZLHRLawyers
@Follow_SALC
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Today we witnessed the Registration of one of our interns
@DianaKawenda
to be a Legal Practitioner in Zimbabwe. She was represented by
@BitiTendai
at the High Court of Zimbabwe. We as
@BitiLawChambers
welcome you to the Profession.
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1.Mrs Mthethwa cross- examines S W on the following:
1 . Point of arrest.
2. Allegations of Harrasment.
3.Unlawful abductions .
4. Deportation order.
5. International law
@BitiTendai
@ZLHRLawyers
@DianaKawenda
@Refugees
@Follow_SALC
.
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These important challenges are a labor for love .They require patience & serious research . We are humbled & privileged to be involved in same . We are a young law firm but remain a key center for these strategic test cases . We thank our partners
@ZLHRLawyers
&
@veritaszim
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@BitiTendai
tmrw will argue an urgent application relating to the Zimbabwean government’s obligation 2 provide and ensure the social wellbeing of citizens during the Covid -19 lockdown.
@ZLHRLawyers
@MMlilo1
@Katazamhondoro
@DianaKawenda
MP
@Katazamhondoro
&
@MMlilo1
represented by
@BitiTendai
of
@ZLHRLawyers
haul President Mnangagwa&his lieutenants to court seeking an order compelling govt to provide safety nets&subsidies such as cash&food handouts to vulnerable communities in Zim during National Lockdown.
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...will be allowed to speak.The two local
#ZANU
MPs are also being denied audience We contend that consent can not be manufactured . The continued abuse of the rights of the Hlengwe Shangaan communities must stop
@Wamagaisa
@ZLHRLawyers
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Judiciary is accountable to constitution. It must protect constitution&uphold rule of law.Where judiciary becomes the willing handgun of an errand executive the law dies.We are grateful to
@Wamagaisa
for holding judiciary to account but lament absence of vibrant law journals
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A very sad day indeed . The Senate can’t pass a Bill passed in a previous Parliament.S147 of the Constitution is clear that when Parliament is dissolved any Bill or motion pending before same lapses We will be back in court again defending the constitution
#DefendTheConstitution
The Senate has voted for the 3rd reading of the Constitution Amendment Bill.
70 senators voted for the reading of the bill whilst 1 senators was against the bill.
#OpenParlyZW
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After months of waiting , our books have arrived . We now go into the biggest fight of our lives . The battle to protect our constitution against unconstitutional constitutional amendments.
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In 2013rogue lawyer Puwayi Chiutsi stole huge amounts of Trust Money held on behalf of our client Elliot Rogers.We have spend years trying to vindicate Mr Rogers s rightsThe de-registration of Puwayi Chiutsi by the Law Society is great relief.Rogue lawyers can’t serve the public
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Commissioner Nixon : how would you suggest that results be announced???
@BitiTendai
: like what happens in other states, not the scenario where results have to get pregnant and multiply.
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His contribution to legal reform cannot go unmentioned. He makes a valuable contribution to allieviating unemployment. He employes 5 lawyers at his firm and 15 support staff. He runs a piggery project that employs at least 15 people.
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Tommorow the Supreme Court of Zimbabwe will sit to hear& determine children’s socio- economic rights in Zimbabwe, particularly children ‘s rights to shelter and the state and local authorities’s obligation.
@BitiTendai
willl be arguing this matter.
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The Minister s continued use of section 3 of the Finance Act to override Parliament has been declared to be unconstitutional in 2 judgments we argued brought by
@ZLHRLawyers
. The new Regulations are thus patently unlawful & unconstitutional.
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We argued the 2
#Gonese
matters in which the constitutional court incorrectly held that an invalid bill could be rolled over to a new parliament in breach of s 147 of the constitution.Of late strange judicial rulings with no paternity in law but politics have become normal
Big Saturday Read: Constitutional Amendments - A Cocktail of Illegalities
Last year, I argued that the Constitutional Court had made a mess of the government’s attempt to amend the Constitution. This BSR examines what happened next & it’s not pretty.
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He has served as a finance Minister during the Government of National Unity. He is one of the founding members of
@ZimRights1
.
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In context , there is nothing that the accused said , prejudiced the announcement of results. No one has come before the courts to attest on how the statement of the accused influenced them in any way.
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In celebrating our SC
@BitiTendai
’s birthday we will be sharing his famous legal quotes that he has made before our courts by way of pleadings and oral submission.
If you know any , please share & contribute to the thread that will follow later in the day.
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He is a legal scholar , who lectures part time at Cornell University.(Makwanyane Institute) He is a fellow for the Centre for Global Development.
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The fifth & final case was the case of the claim by the Hlengwe Shangaan people of their land taken away from them by the Government through section 4 of the Communal Lands Act. This important case was argued before Mafusire J & judgment was reserved
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Happening now:
@BitiTendai
arguing before the HC on the Constitutionality of Statutory Instrument 33 of 2019. In the matter Hamauswa v The President of Zimbabwe & Others.
@ZLHRLawyers
@DianaKawenda
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The offence is not a serious offence as it attracts a level 5 fine. The court must make an imposition of a fine upto level 5. The offence is more texhinical and serves as a prevantative measurw but provides an exception under subsection (3).
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The arguments posited by the applicants were within the context of banker- depositor relationship.rule of law, reasonabless and rationality through the lenses of the Constitution of Zimbabwe.
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When
@BitiTendai
argued at High Court Harare in February 2018 to assert homeless people's right to housing as guaranteed by the Constitution. Still awaiting judgment
#ThrowbackThursday
. The Zimbabwe Homeless People's Federation were there in full force to back their Defender🙂
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This matter was argued by
@BitiTendai
for and on behalf of
@veritaszim
. For all reference to the documents related to this matter kindly follow this link .
@BitiTendai
@veritaszim
@DianaKawenda
.
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Today s case is easily the most important case our firm has ever handled in terms of its potential implications . We are grateful to the Hlengwe Shangaan community for placing their faith in us . We are grateful to the sterling role that the
@ZLHRLawyers
continues to play .
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Imprisonment is a rigorous form of punishment which must be considered as a last resort. S v Matsaura; S v Magwana; S v Shariwa; S v Never Moyo;
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Ascom Nyabasa was reminded of the status of the High Court Order and whether an administrative action like that of an immigration officer can supersede a high court order. He chose not to comment.
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In the fourth case of Allan Norman Markham v The Minister of Justice we argued before Manzunzu J , that Government must be compelled to enact the law envisaged in s 197 of the constitution which compels public officials to regularly declare their assets. Judgment was reserved .
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1. On Friday the 1st of February 2019, the Supreme Court will hear the matter between
@MMlilo1
v The President of Zimbabwe (SC 409/18) to determine the constitutionality of the Presidential Powers Temporary Measures Act [Chapter 10:20]
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Mrs Mthethwa states to the witness that the sole reason, you chose not to make such investigations is because he was part of the rogue elements that were conducting extra judicial activities against
@BitiTendai
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Today
@BitiLawChambers
Archive Day : unpacking some of the classical Constitutional ,Labour and Procedural Law in Zimbabwe.
@DianaKawenda
@viehbabe
📒📔📓📓📙📙📚🗂📂📁
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This is a welcomed judgement, that advances the Status of socio- economic rights in 🇿🇼🇿🇼🇿🇼 Falling in line with other growing jurisprudence in African Law and. Welldone to
@BitiLawChambers
@BitiTendai
@DianaKawenda
for the hard work.
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In a third case , Madzimure v President of the Republic of Zim , we argued before Muzofa J ,that the Presidential Temporary Measures Act which allowed the President to rule by decree & to make laws that override Parliament, was unconstitutional . Judgment was reserved
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…vests communal land in the President is a racist colonial construction based on the legal fiction that aboriginal natives could not own land.They argue that 43 years after independence the notion that a black person can’t own his ancestral land is an assault on her dignity ..
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The application was brought by the Hlengwe Shangaan people of Zimbabwe s Lowveld who moved into Zimbabwe 500 years ago They argued that the law infringed their right to life,dignity , culture and property.They argued that land reform was at the epicenter of liberation struggle
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granted a compelling order against the Respondents to actualise section 210 of the Constitution of Zimbabwe.
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