The Right To Bail
Lawfare And The Right To Bail! It is trite law that in term of Section 50 (1) (d) of the Constitution of the Republic of Zimbabwe bail is a constitutional right which should only be denied as and when the State can proffer compelling reasons for continued pre-trial detention. In our beloved Zimbabwe this has become quite the issue for quite some time now. The workings of bail in our legal system have since been “distorted” and in as far as politics is concerned bail has been incorporated in what has been termed “Lawfare”(the use of the law in bad faith against political opponents). What is bail though; how does it work; who has the right to bail and what does our law say about bail? What is Bail? It is firstly important to note that an accused person in a criminal case is presumed to be innocent until proven guilty. Such person cannot therefore be held in a cell without trial or at least without just cause. So when an accused/suspect is arrested and once he/she has been not...