A memo written
by Chief Magistrate, Vongai Guwuriro dated September 23, 2025, says that her
office has noted with concern that magistrates are merely granting bail because
a prosecutor would not have opposed the bail.
Guwuriro said
that a magistrate must properly analyse details and circumstances of any case
before granting bail regardless of whether a prosecutor has conceded to the
granting of bail.
There are also
growing concerns that some prosecutors would have received money to concede to
the granting of bail.
Guwuriro added
that the practice undermines the proper administration of justice and must
cease with immediate effect.
“It has been
noted with concern that Magistrates are not thoroughly analyzing facts espoused
in the State papers and the evidence presented before them. Instead, many
Magistrates seem to merely endorse State concessions, without properly
examining the circumstances underlying such consent.
“Apart from
being contrary to the dictates of the law, this practice undermines the proper
administration of justice and must cease with immediate effect,” reads part of
the memo.
Guwuriro added
that bail should be denied when one or more of the following grounds have been
established; risk to public safety or risk of committing a serious offence if
released, risk of absconding, risk of interference with the administration of
justice, risk of undermining the proper function of justice or bail system
itself and exceptional circumstances.
“In light of
the above, exercising discretion entails the judicial duty of a magistrate to
carefully consider the facts and the legal principles outlined above when
deciding whether to grant bail or deny bail…,” reads part of the memo. Masvingo Mirror
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