Section 121 of the Criminal Procedure and Evidence Act gives prosecutors the power to suspend bail and keep accused people in remand prison for a further seven days to allow the State to appeal against the positive bail ruling.
Lawyers have argued that this piece of legislation usurps the power of magistrates and judges to safeguard the fundamental right to liberty of the accused.
Contributing to a public discussion on prisoners rights last week, Guvamombe implored authorities to amend the legislation.
Since the introduction of Section 121, the law has been invoked by the State in most cases to suspend bail to human rights defenders and political activists.
In one glaring case, prosecutors used the legislation to suspend bail granted to Standard newspaper reporter Nqobani Ndlovu two weeks ago. Ndlovu was later released on $100 bail after spending more than a week in cells.
Justice and Legal Affairs Minister Patrick Chinamasa has attributed the repeated use of the legislation to lack of training by officials from the Attorney Generals office.
Post published in: News