accused. When the magistrate ruled in favor of granting bail, Mpofu invoked section
121 of the CPEA and the accused were sent on remand to Chikurubi prison.70
Several magistrates interviewed by Human Rights Watch cited this policy and
indicated that the intention was to punish an accused as a deterrent measure.71 For
instance, on April 22, 2008, Harare magistrate Gloria Takundwa said, when denying
bail to an MDC activist facing political violence charges:
The Court is of the view that it is not in the interest of justice to admit
the accused to bail. The situation in the country at the moment is very
volatile. While the presumption of innocence operates in favor of the
accused it is necessary though unfortunate that those who are brought
on allegations of such public violence be kept in custody to sound a
warning… Bail is thus denied.72
70
Report by Legal Practitioners acting for WOZA, report reviewed August 25, 2008.
71
For instance, several rulings in available documents where bail is denied, magistrates have made reference to this policy as
authority for their decisions.
72
See State vs. Ranganai Dzinchito (CRB 2796/2008).
23
Human Rights Watch November 2008
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