News / National
ZimRights welcomes scrapping of Criminal Procedure and evidence Act
25 Sep 2015 at 07:55hrs | Views
The Zimbabwe Human Rights Association (ZimRights) has welcome the scrapping of Section 121 of the Criminal Procedure and Evidence Act (CPEA) by the Constitutional Court on Wednesday, September 23, 2015.
The ZimRights National Director, Okay Machisa said the removal of the notorious law is a victory for human rights and will limit the abuse of power by State Prosecutors, especially harassment of Human Rights Defenders (HRDs) and political activists through denying them bail by invoking the toxic provision of CPEA.
"It is commendable that Chief Justice Godfrey Chidyausiku together with eight other Judges of the Constitutional Court declared the controversial provision unconstitutional, as the ruling widens the horizons of justice," Machisa.
"The Constitutional Court ruled that the provision is ultra vires Section 13 (1) and section 18 (1) of the former Constitution of Zimbabwe."
Machisa said this was after Fanuel Kamurendo petitioned the Constitutional Court in 2014 after prosecutors invoked Section 121 of the CPEA to veto his bail, in a matter where prosecutors alleged that he damaged Zanu-Pf campaign posters.
"Kamurendo was appearing in court after being arrested and charged for contravening Section 140 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) for allegedly causing malicious damage to property," said Machisa.
"Represented by Advocate Thabani Mpofu instructed by human rights lawyers Kudzai Kadzere and Marufu Mandevere of Kadzere, Hungwe and Mandevere Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights (ZLHR), Kamurendo successfully challenged the validity of Section 121 of the CPEA in the Constitutional Court."
He said ZimRights will continue calling for the scrapping of other equally heinous laws such as the Public Order and Security Act (POSA), which infringes on citizens' fundamental rights, and alignment of all human rights-infringing laws in line with the new Constitution.
The ZimRights National Director, Okay Machisa said the removal of the notorious law is a victory for human rights and will limit the abuse of power by State Prosecutors, especially harassment of Human Rights Defenders (HRDs) and political activists through denying them bail by invoking the toxic provision of CPEA.
"It is commendable that Chief Justice Godfrey Chidyausiku together with eight other Judges of the Constitutional Court declared the controversial provision unconstitutional, as the ruling widens the horizons of justice," Machisa.
"The Constitutional Court ruled that the provision is ultra vires Section 13 (1) and section 18 (1) of the former Constitution of Zimbabwe."
"Kamurendo was appearing in court after being arrested and charged for contravening Section 140 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) for allegedly causing malicious damage to property," said Machisa.
"Represented by Advocate Thabani Mpofu instructed by human rights lawyers Kudzai Kadzere and Marufu Mandevere of Kadzere, Hungwe and Mandevere Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights (ZLHR), Kamurendo successfully challenged the validity of Section 121 of the CPEA in the Constitutional Court."
He said ZimRights will continue calling for the scrapping of other equally heinous laws such as the Public Order and Security Act (POSA), which infringes on citizens' fundamental rights, and alignment of all human rights-infringing laws in line with the new Constitution.
Source - Byo24News
