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The Constitutional Court today struck down the notorious section 121 (3) of the Criminal Procedure and Evidence Act which empowered the State to send to jail suspects who would have been granted bail.
Under that section, the State could detain a suspect for seven days while the prosecution considered appealing against a magistrate’s decision.
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.
Chief Justice Godfrey Chidyausiku said prosecutors were abusing the provision for the own ‘sadistic’ purposes.
In July High Court judge Justice Garainesu Mawadze castigated the Prosecutor-General (PG)’s Office for abusing the section.Source – Byo24News
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