THE Constitutional court today ruled that the State’s invoking of Section 121 (3) of the Criminal Procedure and Evidence Act to revoke to accused after a competent court has granted it illegal.
The section allowed the State to revoke bail for seven days while it appealed against the gr However, more often than not the State would not appeal.
Chief Justice Godfrey Chidyausiku said prosecutors were abusing the provision for the own ‘sadistic’ purposes.
Section 121 (3) of the Criminal Procedure and Evidence Act has been the subject of debate among lawmakers.
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 several 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 unfairly incarcerated for days leaving their children deprived of quality time with their mothers, said Kagurabadza.