The Deputy Chief Justice, Elizabeth Gwaunza, has scoffed at allegations that the country’s justice delivery system is plagued by a “catch and release” syndrome whereby well-connected individuals are arrested for graft and then released.
Over the years, a number of senior government officials and their alleged associates have been hauled before the courts on corruption allegations only to be later released and acquitted.
This has left ordinary people questioning the impartiality of the country’s justice system.
However, speaking during the official opening of the 2023 legal year in Bulawayo on Monday, Gwaunza said the allegations lack both legal and factual basis. She said:
The so-called “catch and release” narrative ascribed to the courts has no legal and factual basis.
The cynical suggestion has been that courts are involved in a conspiracy arrangement with the other state agents in the criminal justice system to release persons accused of corruption in what is called a “catch and release” phenomenon.”
When a person has been arrested, he or she is entitled to bail as of right unless there are compelling reasons not to grant bail.
When a person accused of a crime is released on bail, this is a legal and constitutionally provided for process, not to be derogatively dismissed as a “catch and release” procedure.
When a trial takes place, it is also a constitutional imperative that the suspect goes through a fair trial.
A person who has gone through the criminal proceedings and is released on acquittal cannot be dismissed as a “catch and release” case.
The Constitution guarantees a fair criminal justice system. It does not guarantee a criminal justice system in which everyone arrested must be convicted even where there is no evidence.
She said there are currently 147 corruption-related cases pending in the courts.
Gwaunza added that of these cases, 89 are either in progress or have been finalised, with 16 cases having trial dates, whilst for 52 cases trials have commenced.
She said 21 cases have already been finalised. | CITE