THE Constitutional court today ruled that the State’s invoking of Section 121 (3) of the Criminal Procedure and Evidence Act to revoke bail to an accused person after a magistrate had granted it is illegal.
Paidamoyo Muzulu
The section allowed the State to revoke bail for seven days while it appealed against the granting of bail.
However, in most cases the State would not appeal.
Chief Justice Godfrey Chidyausiku said prosecutors were abusing the provision for the own “sadistic purposes.
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Section 121 (3) of the Criminal Procedure and Evidence Act has been the subject of debate among legal practitioners.
Irene Petras, the Zimbabwe Lawyers for Human Rights director, said “the bane of many a human rights defender’s existence – has been struck down by the full bench of the Constitutional Court of Zimbabwe. The years-long legal campaign has finally borne fruit”.
In June High Court judge Justice Garainesu Mawadze castigated the Prosecutor-General (PG)’s Office for abusing the section.
On several occasions, the section had been used by the State against members of opposition political parties, resulting in them languishing in prisons, despite having been granted bail by the Magistrates’ Court.
Mutasa MP Misheck Kagurabadza previously called for the section to be reviewed citing the fact that it would affect politicians, civic society members, labour leaders and even innocent villagers.
Civic society activists like director of the Zimbabwe Peace Project Jestina Mukoko and Chimanimani West MP Lynette Karenyi have been arrested and that section was invoked and they were incarcerated for days leaving their children deprived of quality time with their mothers, said Kagurabadza.