‘Nothing amiss with Section 121’

saying it assists the Attorney-General’s Office in getting redress from superior courts in instances it felt bail would have been improperly granted.
The AG’s Office usually invokes Section 121 to keep suspects in custody despite them being granted bail by the courts on certain cases deemed to be of a serious nature.
The practice has an effect of keeping suspects in custody for a further seven days to allow the State time to appeal the granting of bail.
Minister Chinamasa said there was nothing amiss with the law given that convicted people also had the right to appeal to the High Court and Supreme Court against any decisions passed by lower courts.
The minister said this in the Senate while responding to questions by Mvurachena Senator Cephas Makuyana
“The law allows the AG to in his discretion if the case is serious and he disagrees with the decision to award bail, to seek leave to appeal in seven days to higher courts,” said Minister Chinamasa.
“Section 121 is important because we should not feel pity for armed robbers and those that commit serious crimes like rape and house breakers. It is not right that somebody facing these serious charges is easily granted bail.”
As Senators, Minister Chinamasa said, they should not be compassionate to criminals’ rights.
“We should not be seen celebrating those who commit crime so that they go and commit more crimes.
“We will be doing a disservice to the AG and the police, we should support Government in fighting crime,” he said.
The MDC-T has complained that the AG has invoked Section 121 when dealing with its members accused of cases ranging from political violence and other criminal offences. The party says this has been used to punish their supporters and accused the AG of not following up on the appeals.
Nyanga North House of Assembly representative, Douglas Mwonzora (MDC-T) – has sought leave to challenge the constitutionality of the clause in the Supreme Court.
Mwonzora is on trial for political violence, he is accused of perpetrating in his constituency.