04 Dec 2023

Parliament on Thursday unanimously agreed to the amendment of the Criminal Procedure and Evidence Act.

The objective as explained by the Minister of Justice Mr Machana Shamukuni when presenting the Parliament Criminal Procedure and Evidence Bill No.17 of 2023 was to delete section 90 and part nine of the CP&E Act which made provisions for bail.

He, therefore said section 90 and part nine of the CP&E Act have been incorporated in the proposed Bail Bill of 2023 hence doing away with them. Giving general background, Mr Shamukuni said Part 9 of the CP& E Act makes provision for bail, setting out procedures and processes to be followed from the point when an accused person makes an application for bail until bail is granted or rejected.

He said any person committed for trial or sentenced with respect for any offence except for treason or murder may be admitted to bail at the discretion of a magistrate. Additionally, he said any person who was aggrieved by the refusal of the magistrate to admit him/her to bail may appeal to the High Court.

Mr Shamukuni said in 2019, a Bail Pitso was convened at which various challenges surrounding bail were mooted, one of which was to come up with a bill to have a law of bail codified in one enactment for ease of reference. Ends