TAPIWA 🦍

Non-bailable offences I believe all cases should be bailable. This means that the decision whether or not to grant bail is in the discretion of the court looking at the circumstances of each case. Conditions of bail should also be in the discretion of the court. I also believe that there should be a statutory guideline guiding courts as to the appropriate cases in which to grant bail or not. Allowing all offenses to be potentially bailable eliminates the risk of falsely accused persons rotting in jail for a crime they didn't commit. We saw how the non-bailable offence of 'theft of motor vehicle' was weaponised against political opponents in the past. The same can happen with these new non-bailable offences. Making an offence bailable doesn't mean that you will automatically be granted bail. The Prosecution has to argue that, in the circumstances of the case, the accused should be locked up e.g. aggravating circumstances of the crime, the accused is a flight risk etc. I have long argued that making offenses non-bailable is in contravention of Article 18 of the Constitution, the right to a fair trial and to be considered innocent until proven guilty.

Non-bailable offences I believe all cases should be bailable. This means that the decision whether or not to grant bail is in the discretion of the court looking at the circumstances of each case. Conditions of bail should also be in the discretion of the court. I also believe that there should be a statutory guideline guiding courts as to the appropriate cases in which to grant bail or not. Allowing all offenses to be potentially bailable eliminates the risk of falsely accused persons rotting in jail for a crime they didn't commit. We saw how the non-bailable offence of 'theft of motor vehicle' was weaponised against political opponents in the past. The same can happen with these new non-bailable offences. Making an offence bailable doesn't mean that you will automatically be granted bail. The Prosecution has to argue that, in the circumstances of the case, the accused should be locked up e.g. aggravating circumstances of the crime, the accused is a flight risk etc. I have long argued that making offenses non-bailable is in contravention of Article 18 of the Constitution, the right to a fair trial and to be considered innocent until proven guilty.

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