The High Court has finally granted bail to the 14 Nyatsime activists who were arrested along side law makers Job Sikhala and Godfrey Sithole.
The 14 were granted ZW$50 000 bail each last Tuesday, three days after Sithole was granted bail, leaving Sikhala alone in custody.
For inciting unrest, the 14 were detained on June 14, 2022,
Following their arrest for the violence that rattled murdered CCC activist Moreblessing Ali’s burial on June 14, they had spent five months in pre-trail incarceration.
Ali disappeared for three weeks before her body was discovered murdered and dismembered.
However, human rights lawyers have castigated the pretrial detention as unconstitutional.
According to section 49 (1) of the Constitution:
(1) Every person has the right to personal liberty, which includes the right—
(a) not to be detained without trial; and
(b) not to be deprived of their liberty arbitrarily or without just cause.
Unfortunately, this has not been the case for the Nyatsime 14 and the two CCC legislators.
Advocate Musarurwa Bemoans Unconstitutionalism.
Speaking during an interview with Open Parly ZW late last month Advocate Tazorora Musarurwa bemoaned the prevailing trend were bail is denied for over 5 months.
“Previously we knew that once bail is denied in the magistrate court you apply bail in the high court and in two to three weeks time you get your bail is granted. That was more a trend .
“It has never been the case whereby someone gets to be in custody for over four months.
“The crisis that exists, is a crisis within the judiciary itself, the state has always been there opposing bail but bail would be granted.
If we can then call it a crisis, it is not a crisis were we can point to the political actors because they have been consistent with what they have been doing over the past 20 years,” he said.
Furthermore, Advocate Musarurwa maintains that lack of constitutionalism in the country has lead to the abuse of detainees.
“We can have so many laws but if you don’t have a culture were you are obeying the laws then you will still come to the same result.
“Our problem in Zimbabwe is we do not have the culture of constitutionalism that is why will see that we have never had a constitution that has gone two years without being amended,” said Advocate Musarurwa.
