Sikhala, Sithole Incarceration: Parliament tells CCC lawyers to approach ConCourt
Parliament has told Citizens Coalition for Change (CCC) that if they feel their legislators Job Sikhala and Godfrey Sithole rights are being violated, they should approach the High Court or the Constitutional Court.
Sikhala and Sithole has clocked about 100 days in remand, after the magistrate courts have rejected their bids for bail.
CCC which is led by Nelson Chamisa is of the view that the two legislators are now political prisoners who are being fixed for supporting the youthful politician.
This saw Honourable Fani Munengami asking Parliament why it was not doing anything to enforce the rights of arrested persons as enshrined in the constitution.
According to the Zimbabwe constitution Sections 50, 70 and 49, prisoner have rights that they must enjoy.
However, Speaker of the National Assembly Jacob Mudenda said those that are aggrieved should approach the court.
‘’Honourable Member, you spoke very well that there is separation of powers between Parliament, Judiciary and Executive. There is a proper procedure on how to handle those issues. Lawyers have a right to represent their clients in court and raise the issue there or even at the Constitutional Court in terms of the sections of the Constitution you have quoted, the rights of the arrested persons. You can go and complain to the High Court or the Constitutional Court.
‘’It is the responsibility of the lawyers handling the cases that they proceed to do so in terms of that procedure. As Parliament, we cannot interfere with the judicial processes,’’ he said.
According to Munengami, it is very concerning that accused persons have been denied bail for a long time.
‘’I know that there is separation of powers between the Judiciary, Parliament and Executive and that there must not be interference.
‘’I am however concerned that accused persons are being denied bail and this has been happening for a long time. Some have even spent more than one year in remand prison. Up to now, these prisoners have not been granted bail so that they are tried while coming from home.
‘’I am not saying this on a partisan basis but what I want to say is that even in this House, we have some Honourable Members of Parliament who have spend 100 days in remand prison and nothing is being done. I do not want to give this as an example but I am standing on behalf of all prisoners.
‘’We are the legislators and if we look at Sections 50, 70 and 49, they clearly state the rights of prisoners and we are the legislators. Hon. Speaker, why are we not following the Constitution as legislators so that the prisoners can be treated fairly? ‘’It is good for Zimbabwe to be known as a law abiding country so that the rights of our prisoners are respected,’’ he said
Sikhala, Sithole Incarceration: Parliament tells CCC lawyers to approach ConCourt
