A member of Parliament in the National Assembly last week alleged that there was a lot of corruption in the courts leading to murder suspects being granted bail, increasing chances of evading prosecution.
In Zimbabwe, bail is granted to individuals in custody pending trial unless there are compelling reasons for continued detention.
During a Question-and-Answer session last Wednesday, Zanu PF Shamva North MP lsaac Chinodakufa told the Speaker Jacob Mudenda that due to a high number of reported murder cases currently in the country, some elements were committing several murders but still getting away with it after securing bail.
Without giving any statistics, the legislator alleged the police, perpetrator, magistrate and the prosecutor were involved in corruption, leading to granting of bail to murder suspects.
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Although it is a constitutional right for the suspects to be given bail, the High Court has the constitutional right to approve bail applications for high profile criminal cases such as armed robbery, murder, fraud and money laundering.
"A lot of people are being murdered. The perpetrators are going to the courts and they pay bail. A person can get three or four bails. What is the government policy in making sure that we remove the corruption between the perpetrator, the magistrate and the prosecutor?" Chinodakufa asked.
The Speaker, reminded the MP that his question required statistics.
"The question requires statistics, probably the minister of Justice can respond accordingly," Mudenda said.
Justice Minister Ziyambi Ziyambi shared Mudenda's sentiments.
"The question is in two parts. Firstly, the question talks about the problem of murderers. The murderers are granted bail. We need to look at the numbers, the statistics of the situation.
"Some of the parts require statistics but when you talk about bail, that is protected by the Constitution that an accused person is innocent until proven guilty and may be granted bail.
"The other part of the question is for those people to be granted bail. There is corruption between the prosecutors, the magistrate as well as the criminals or suspects," Ziyambi said adding he did not know anything about corruption in the judicial service.
"I am hearing this for the first time that there is corruption between the police, the accused, the prosecutors as well as the magistrate."
"lf somebody is arrested, without considering the crime, you go and appear in court. You apply for bail. That does not mean that you are not guilty but it is just your right for you to appear in court while you are out of custody on bail.
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"If the court determines that you can be going to court on bail, it is their decision. However, if the court deems it unfit because of the presentations made, the reasons given, be it that maybe this person can be killed by people if he goes out of custody, the accused is a flight risk, then they determine that."
The Justice minister told the House that "bail does not mean that you have been acquitted. It only says you go to court from your home but once the judgment is made, then you are imprisoned".
Marondera East MP Vimbayi Mutokonyi raised the issue regarding the efficacy of the Integrated Electronic Case Management System (IECMS) in nipping graft.
"On this issue of corruption, I would also want to find out from the minister how the Integrated Electronic Case Management System has managed to eradicate corruption," Mutokonyi highlighted.
The Speaker also reminded the MP that his question required statistics, so it could only be answered fully if it was a written question and then investigations be made as to the regularity or otherwise of the cases of corruption that were alleged.
