Court removes Madhuku, Biti case from urgent roll

The High Court has struck off the urgent roll an application by prominent lawyers Lovemore Madhuku and Tendai Biti, who are suing the police over alleged assaults and interference with private meetings on proposed constitutional amendments.

Justice Pisirayi Kwenda ruled that the matter would not be heard on an urgent basis, effectively halting immediate proceedings.

The applicants' legal representative, Alec Muchadehama, confirmed the development and said they intend to challenge the decision once the court provides full reasons.

"Judgement has been handed down and the matter was removed from the urgent roll," Muchadehama said.

"We want to appeal but we are waiting for a full judgement because now we do not know the reasons for his decision as yet."

The application was filed last month by the National Constitutional Assembly (NCA), alongside Madhuku and Biti, against the Minister of Home Affairs and the Zimbabwe Republic Police Commissioner-General.

The applicants accuse police of disrupting private meetings and, in some cases, facilitating or failing to prevent violent attacks by unidentified individuals.

The case arises amid growing political and civic tensions surrounding the proposed Constitution of Zimbabwe Amendment No. 3 Bill, 2026.

In his founding affidavit, Madhuku detailed an alleged violent incident on March 1 at Bumbiro House in central Harare, where members of the NCA had convened for what he described as a private meeting.

"As we were about to start our meeting, I was alerted to persons breaking the gate to the entrance demanding to gain entry into the premises," Madhuku said.

He alleged that he was confronted by five men wearing balaclavas who assaulted him with truncheons.

"They started saying that I was giving them problems. They then started to beat me with truncheons all over my body," he said.

Madhuku described the incident as prolonged and severe, adding that police officers present outside the premises failed to intervene.

"From the broken gate, I could see that the Police could see and hear that I was being beaten. Either our assailants were Police officers or their accomplices. I find the acts and omissions of the police quite reprehensible," he said.

He said the violence caused panic among attendees, with some fleeing the premises while others who attempted to intervene were also assaulted. Madhuku added that he was later hospitalised with blunt trauma injuries.

The applicants argue that the meeting was private and did not require notification under the Maintenance of Peace and Order Act (MOPA).

"It is unlawful for members of the Police to prevent, disrupt or in any way interfere with members of the public's meetings in private places," Madhuku said, adding that such actions infringe constitutional rights including freedom of assembly, dignity and personal security.

In a supporting affidavit, Biti cited similar incidents, including a February 28 meeting at the Zimbabwe Women's Bureau in Harare that he said was blocked by police despite prior notification.

"I have no doubt that what the Police are doing is to prevent me and others from discussing the Constitution of Zimbabwe (Amendment) No. 3 Bill, 2026," Biti said.

The matter is expected to return to court once the applicants receive the full judgment and proceed with their planned appeal.