Zimbabwe’s bail regulations under the microscope

By Trevor Mangwiro

Harare- The local judiciary system has been painted black by accusations of interference and partiality in the granting of bail and bail conditions.

The issue of bail does not only affect politicians such as Job Sikhala , Makomborero Haruzivishe or Takudzwa Ngadziore alone , it is an issue that needs to be looked into as it also affects civilians and apolitical individuals.

Judicial officers in Bulawayo brought the issue of bail to the limelight after murmurs of interference in granting bail to some employees of an online shopping service who were casualties of war in a transaction gone bad.

The state seized a vehicle , computers and office equipment in a transaction which was deemed fraudulent. The complainant in the matter recovered their money and they were not prejudiced of anything , while the state is holding on to a vehicle worth ten times more than the value of crime and the state still fails to grant bail under such circumstances.

All the conditions of granting bail have been met, the accused persons have families , fixed abode , jobs , and they are not flight risks but the courts had to withhold bail on instruction of “men in suits”.

From a human rights perspective and under the laws of natural Justice one is innocent until proven guilty and should be treated as such by the Honorable courts.

Prosecutors and clerks at the courts in Bulawayo were shocked that an elderly citizen who has never committed any crime and never been convicted was denied bail because of interference by some affluent citizens.

Murderers , armed robbers , and those involved in high value crime are granted bail yet these ordinary citizens are refused bail because the matter involves a highly connected and powerful individual.

The country’s judiciary needs to be independent, sincere and transparent. An independent judiciary is important in gaining investor confidence and boosting credibility to our systems and the Zimbabwe is open for business mantra.

It is sad that powerful people can influence and cause a gross miscarriage of Justice in our country.