This matter involved Fanuel Kamurendo, a member of an opposition political party who was arrested and charged with malicious damage to property in terms of the Criminal Law (Codification and Reform) Act. He was acquitted after a full trial. At his initial remand hearing, he was granted bail but the State invoked section 121(3) of the Criminal Procedure and Evidence Act. In terms of that provision, a bail award is revoked for seven working days in which time the State has the option to file its appeal, effectively suspending the operation of a judicial order granting freedom to an accused person. ZLHR challenged the invocation of this provision to the extent it undermined the twin rights of liberty and the presumption of innocence. On 23 September 2015, the Constitutional Court ruled that the section was unconstitutional in that it was inconsistent with the rights to the presumption of innocence, protection of the law and the right to liberty. 5.2.2 Public Interest 19 High Density Harare school affected by poor service provision leading to sewerage leakage Inspection of situation at school by lawyers before strategically intervening ZLHR Annual Report 2015 5.2.1 Constitutional Fanuel Kamurendo v The State