Courts curtailing the right to liberty

CRISIS in Zimbabwe Coalition (CiZC) is concerned over the weaponisation of the Judiciary by the State which continues to use judicial capture to persecute opposition and civil society activists.

The State, through judicial capture, has curtailed the right to liberty and this has resulted in opposition and civil society activists, being arrested on frivolous charges spending lengthy periods in detention with the courts denying them bail despite lack of compelling reasons.

The magistrates courts have been the biggest disappointment and this has been proved by the fact that in most of the appeals for bail at the High Court by the incarcerated activists, the High Court has proved that the lower courts misdirected themselves in the bail rulings.

As the Crisis Coalition, we are appalled by the apparent fact that the magistrates courts have been turned into a weapon to persecute dissenting voices in the country.

The lower courts have on numerous occasions frustrated bail applications by incarcerated activists, in the process depriving them of their right to liberty.

In the case of incarcerated Zimbabwe National Students Union (Zinasu) activist Alan Moyo, the High Court in mid-January 2021 dismissed his bail application because his court records from the magistrates courts were in shambles.

Moyo was arrested on December 7, 2021, on charges of inciting public violence and on January 28, 2021, the High Court dismissed his bail application again because his appeal was defective.

Journalist Hopewell Chin’ono spent three weeks in detention after he was arrested on January 8, 2021.

He was initially denied bail by the magistrates court, but on January 27, 2021, the High Court ruled that the lower court had misdirected itself in refusing him bail and ordered his release.

MDC Alliance vice-chairperson Job Sikhala remains detained in remand prison following his arrest on January 9, 2021.

Sikhala is facing a similar charge to Chin’ono’s.

Several high-ranking officials involved in corruption scandals continue to walk scot-free while activists detained on flimsy charges have had to endure lengthy periods in detention.

Selective application of the law is indeed a cause for concern.

The coalition implores the courts to respect and uphold citizens’ fundamental right not to be deprived of their liberty arbitrarily or without just cause as enshrined under section 49 of the Constitution.

Crisis in Zimbabwe Coalition