Over a long period of time, bail has been a foundation of the country’s legal system, providing hope of freedom to those accused of crimes pending their trials.
Recent court rulings against mainly political activists and human rights defenders have sparked debate about the state of justice in the country.
Early this year, former Zengeza West legislator Job Sikhala was released from prison after spending more than a year behind bars without trial or bail. The politician faced a litany of charges and his prolonged detention drew outrage from local and international human rights groups.
The latest detentions have seen senior opposition Citizens Coalition for Change (CCC) leader Jameson Timba and 77 others being denied bail following their arrests in June. They are facing charges of gathering with intent to promote public violence.
Recent arrests and detentions have seen a sharp increase in bail denials despite the Constitution stipulating that bail is a right as stated recently by Human Rights advocacy group Amnesty International on their X (formerly twitter) platform.
“Bail is a human right! Entitlement to bail is enshrined in s 50(1)(d) of the Zimbabwean Constitution. It is a fundamental right premised on a key tenet of our criminal justice system, which stipulates that an accused person is presumed innocent until proven guilty,” said Amnesty International
Senior Africa researcher at Human Rights Watch, Idriss Ali Nassah condemned the latest wave of detention without trial.
“Zimbabwe’s criminal justice system has time and again violated the rights of people aligned to the opposition. Pretrial detention should be no longer than necessary, and no one should be unjustly detained for long and arbitrary periods,” said Ali Nassah
Hatcliffe legislator and lawyer Agency Gumbo lawyers speaking following the denial of bail of opposition activists said bail has been limited from political background.
“There is selective application of the law, and the right to bail is restricted to anyone arrested in a political context. The function of partisan interests in the prosecution of opponents is apparent in this case.” Gumbo said
Critics argue that different standards appear to apply for politically connected individuals as some members of the ruling party are granted bail within days whilst those perceived to be from the opposition languish in pre-trial detention for months.
The crackdown has received widespread condemnation from across the globe.
“Their arbitrary, month-long detention is an outrage which must end now,” said Khanyo Farise, Amnesty International’s deputy regional director for East and Southern Africa.
Human Rights advocacy groups have called on SADC member states to utilise the forthcoming SADC summit as an opportunity to encourage Zimbabwe to implement key reforms that ensure upholding of human rights.
“Human Rights Watch and other organizations have reported numerous instances of the inability of the Zimbabwean judicial system to effectively provide remedies for alleged human rights violations. SADC member states should consider engaging the African human rights systems, such as the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, to provide clarity on Zimbabwe’s obligations to protect all human rights under conditions laid down by the African Charter on Human and Peoples’ Rights,” said the advocacy groups
