(2) Where a person has applied to a judge for bail in respect of an offence referred to in the
Third Schedule, the Minister responsible for the administration of the Public Order and Security Act
[Chapter 11:17] may issue a certificate stating—
(a) that in his opinion it is likely that public security would be prejudiced if the applicant were
admitted to bail; and
(b) the grounds on which he bases that opinion.
[Subsection amended by s. 44 of Act No. 1 of 2002.]
(3) Whenever it is practicable to do so, a copy of any certificate issued in terms of subsection
(1) shall be served on the accused person concerned before the hearing of his application.
(4) Where a certificate issued in terms of subsection (2) is produced in any application to a
judge for bail in respect of an offence referred to in the Third Schedule, the judge shall refuse bail
unless the applicant satisfies him that, despite the grounds stated in the certificate, he should be
admitted to bail.
(5) If the Minister responsible for the administration of the Extradition Act [Chapter 9:08],
certifies in writing that a person who has applied for bail has been extradited to Zimbabwe from a
foreign country and that the Minister has given an undertaking to the government or other
responsible authority of that country—
(a) that the accused person will not be admitted to bail while he is in Zimbabwe, the judge or
magistrate hearing the matter shall not admit the accused person to bail;
(b) that the accused person will not be admitted to bail while he is in Zimbabwe except on
certain conditions which the Minister shall specify in his certificate, the judge or
magistrate hearing the matter shall not admit the accused person to bail except on those
conditions:
Provided that the judge or magistrate may fix further conditions, not inconsistent with the
conditions specified by the Minister, on the grant of bail to the accused person.
(6) A document purporting to be a certificate issued by a Minister in terms of subsection (2) or
(5) shall be admissible in any proceedings on its production by any person as prima facie evidence
of its contents.
(7) Subject to subsection (4) of section 13 of the Constitution, in any case in which the judge or
magistrate has power to admit the accused person to bail, he may refuse to admit such person to bail
if he considers it likely that if such person were admitted to bail he would—
(a) not stand his trial or appear to undergo the preparatory examination or to receive sentence;
or
(b) interfere with the evidence against him; or
(c) commit an offence;
but nothing in this subsection shall be construed as limiting in any way the power of the judge
or magistrate to refuse to admit an accused person to bail for any other reason which to him
seems good and sufficient.
117
Application for bail
(1) An accused person may at any time apply verbally or in writing to the judge or magistrate
before whom he is appearing to be admitted to bail immediately or may make such application in
writing to a judge or magistrate.
(2) Every written application for bail shall be made in such form as may be prescribed in rules
of court.
(3) Every application in terms of subsection (2) shall be disposed of without undue delay.
118
Conditions of recognizance
(1) Where a judge or magistrate has granted an application referred to in subsection (1) of
section one hundred and seventeen, a recognizance shall, before the accused is admitted to bail, be
taken from him or from him and one or more sureties according to the conditions fixed by the judge
or magistrate, as the case may be.