Senator Coltart speaks out on the continued detention of Mtetwa

If this is true it is another shocking indictment against those responsible within the ZRP, the Attorney General's office and the Judiciary itself. It seems as if those responsible for the ongoing incarceration of Beatrice Mtetwa either have no idea how appalling conditions are in our prisons and police cells or simply do not care about people being locked away in squalid conditions for a weekend.

David Coltart
David Coltart

That one of our most distinguished lawyers should be treated in this way is a serious indictment on our nation as a whole. Have we as Zimbabweans sunk so low that we are prepared to treat one of our finest citizens in this way? Those responsible for this gross injustice need to have a time of serious introspection.

Whilst no-one, including any distinguished lawyer, is above the law the fact is that the law and legal system have been been seriously abused this week. There are certain basic principles such as that one is deemed innocent until proven guilty, that the right of liberty is fundamental, that bail should be granted wherever possible and that the gravity of the offence must have a bearing on the granting of bail, which have been totally disregarded this week.

How can it be that a Zanu PF operative accused of assault was recently released on bail and Oscar Pistorius, accused of murdering a woman, was released on bail in neighbouring South Africa and yet a senior and distinguished legal practitioner with impeccable integrity is denied bail in Zimbabwe? Whilst South Arica is obviously not Zimbabwe we share Roman Dutch law principles and our criminal justice system is very similar – and yet when it comes to the detention of certain people in Zimbabwe all basic principles of law and justice are disregarded in a manner reminiscent of the worst practices under apartheid.

Until all officers of the High Court of Zimbabwe understand that incarceration of suspects should be the last resort, not the first resort, in the administration of justice these shocking miscarriages of justice will continue. Sadly these acts also perpetuate the notion that Zimbabwe is a nation where the rule of law simply doesn't exist.

This is indeed a very sad day for Zimbabwe. Those of our colleagues within the inclusive Government who are responsible for this or who have not cared enough to do anything about it should hang their heads in shame, for it is an indictment against the GPA and the entire Government.

Post published in: News
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