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Senior Reporter
THE much touted catch-and-release hymn, normally used to discredit case management processes in the country’s legal institutions, is devoid of basic understanding of the law, Chief Justice Luke Malaba, has said.
The 2023 Legal Year opened on Monday, with official ceremonies to mark its beginning being held at various centres across the country, while the main event was hosted at the Constitutional Court in Harare where Chief Justice Malaba delivered the keynote address.
In a speech read on his behalf during the official opening of the 2023 Legal Year in Mutare by Judge of the Constitution Court, Justice Paddington Garwe, Chief Justice Malaba said when a trial takes place, it is a constitutional imperative that the suspect goes through a fair trial and whether a person is ultimately convicted or acquitted, that is justice at work.
“The cynical suggestion has been made that courts are involved in a conspiracy 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 a right unless there are compelling reasons not to grant bail. When a person is accused of a crime and is released on bail, this is a legal and constitutionally provided for process. This should not 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. Whether a person is ultimately convicted or acquitted, that is justice at work,” he said.
“A person who has gone through criminal proceedings and is ultimately acquitted cannot be said to be a “catch and release” case. The Constitution guarantees a fair criminal justice system.
“It does not guarantee a criminal justice system in which everyone who is prosecuted must be convicted even when there is no evidence.
‘‘There cannot be public confidence in such a system. The so-called “catch and release” narrative ascribed to the courts has no legal and factual basis.”
Chief Justice Malaba said the statics on the ground does not depict Zimbabwe as a country that is not serious about tackling corruption.
“Failure to deal with allegations of corruption in the courts may result in the loss of public confidence in the criminal justice system. It is important that the public is kept abreast of the developments in the fight against corruption.
“Currently, there are 147 corruption related cases pending in the courts. Of these, 89 cases are either in progress or have been finalised, with 16 cases having trial dates, while for 52 cases trails have commenced. 21 cases have already been finalised.
“These statistics do not indicate a country that is not taking the fight against corruption seriously. They show that arresting agents and prosecution agencies are busy at work. They also show that the courts are dealing with these cases actively when they are brought before them.
“It is necessary to make these remarks because the impression sometimes created is that there is no activity in courts in respect of corruption cases,” said Chief Justice Malaba.
Members of the magistracy, National Prosecuting Authority, Ministry of Justice, Legal and Parliamentary Affairs, Law Society of Zimbabwe, senior counsels were represented during the event in Mutare.
The theme of this years’ official opening of the legal year was: “Promoting competence and quality of service to enhance public confidence in the judiciary.”
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