Farai Dziva|They say when two elephants fight, the grass suffers…

Professor Jonathan Moyo has replied to comments made by Professor Lovemore Madhuku on his stance on the arrest of Tourism Minister Prisca Mupfumira.

Moyo argued that Mupfumira should be granted bail but Professor Lovemore Madhuku told ZimEye.com the former got his facts wrong.

See part Moyo’s response below :

What, in terms of the new Constitution, are the exceptional cases that may necessitate the continued detention of an accused person? Those are the cases where the State manages to show, manages to prove beyond reasonable doubt that an accused person is not entitled to bail!

So, upon the arraignment of an accused person, that person must be admitted to bail, with or without conditions. This does not overlook that the Constitution anticipates that there may be exceptional cases, which may necessitate the continued detention of an accused person!

The accused person simply has to stand up in court & indicate their desire to be admitted to bail. It is for the State to either consent or oppose bail. The State must place before the court the exceptional reasons that justify the continued detention of the accused person!

The right of an accused person to be released with or without conditions sets in upon their arraignment before a court. They must be released. That’s why, in terms of the procedure brought by the new 2013 Constitution, an accused person has no obligation to apply for bail!

Any law inconsistent with the new Constitution is automatically invalid, and invalid from the commencement of the Constitution in 2013. A person who has been arrested & who appears in court for the first time is entitled to their immediate release with or without conditions!