[4] In the period following the election, he stayed outside of Zimbabwe (mainly in South Africa), along with Tsvangirai, amidst a post-electoral situation that was marked by serious violence against MDC supporters.

Before his departure from Johannesburg, Biti said that he had already learned that he would be arrested, but maintained that his only crime was "fighting for democracy" and said that it was necessary for him to return to participate in the MDC's struggle.

[6] Following Biti's arrest, police spokesman Wayne Bvudzijena said that he would be charged with treason, based on an MDC document about changing the government.

[7] This document, which was called "The Transition Strategy" and was said to have been written by Biti on 25 March,[8] included purported plans to rig the election in favour of the MDC.

[8][9] Bvudzijena said that Biti would additionally be charged with making false statements "prejudicial to the state" due to his announcement of election results prior to their release by the Electoral Commission.

The MDC said that it was "deeply worried" about Biti's welfare and that it had sent a team to police stations across Harare, hoping to determine where he was being held.

[10] On 26 June, Biti was granted bail at one trillion Zimbabwean dollars; he was also required to surrender his home's title deeds and to report to the police on a weekly basis.

[16][17] Uriri applied for the removal of Biti's remand on the grounds that a trial date should have been set and the police investigation should have been completed.

[19][20][21] On 10 February 2009, MDC leader and Prime Minister-designate Morgan Tsvangirai announced the appointment of Biti as Finance Minister in the Government of National Unity.

[24][25] In 2020, Biti criticized a three-member delegation from South Africa that was sent to investigate human rights abuses, when they returned to their country without speaking to opposition groups.

[28] Morgan Tsvangirai (Prime Minister) Arthur Mutambara / Thokozani Khuphe (Deputy Prime Ministers) Tendai Biti (Finance) Elphas Mukonoweshuro ( Public Service) Henry Dzinotyiwei (Science and Technology Development) Elton Mangoma (Economic Planning and Investment Promotion) Priscilla Misihairabwi-Mushonga (Regional Integration and International Cooperation) Giles Mutsekwa / Kembo Mohadi (Home Affairs) Henry Madzorera (Health and Child Welfare) David Coltart (Education, Sport and Culture) Eric Matinenga (Constitutional and Parliamentary Affairs) Olivia Muchena (Women Affairs, Gender and Community Development Emmerson Mnangagwa (Defence) Saviour Kasukuwere (Youth Development, Indigenisation and Empowerment) Ignatius Chombo (Local Government and Urban Development) Patrick Chinamasa (Justice ) Joseph Made (Agriculture) Herbert Murerwa (Lands and Land Resettlement) Francis Nhema (Environment) Walter Mzembi (Tourism) Nicholas Goche (Transport) Obert Mpofu (Mines and Mining Development) Samuel Sipepa Nkomo (State Enterprise and Parastatals) Nelson Chamisa (Information and Communications Technology) Welshman Ncube (Industry and Commerce) Theresa Makoni (Public Works) Fidelis Mhashu (National Housing and Social Amenities) Elias Mudzuri (Energy and Power Development) Joel Gabuza (Water Resources and Development Paurine Mpariwa (Labour and Social Welfare Simbarashe Mumbengegwi (Foreign Affairs) Webster Shamu (Information and Publicity) Stan Mudenge (Higher and Tertiary Education)