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
Select target paragraph3
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