Did You Know That Bail Is Refundable Form Of Security In Zimbabwe?

• Published date: 04 July 2023
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Zenas Chambers, ChimwaMurombe Legal Practice
• Author: Mr Fungai Chimwamurombe and Nontokhozo Hope Moyo

Introduction

In Zimbabwe, the operation of bail in criminal matters is governed by the Criminal Procedure and Evidence Act [Chapter 9:07] in particular section 115 to section 135. Bail is a temporary release of an accused person from police custody or prison granting them liberty, upon payment of a sum of money or on specific conditions ordered by a court. This can be referred to as 'Chibatiso' in Shona vernacular.

What many people may not know is that bail in Zimbabwe is refundable, meaning that the accused person should receive a full refund of the bail amount if they attend all their court appearances and comply with the bail conditions such as reporting to police station, surrendering travel documents or providing surety in the form of title deeds of your immovable property or any specific condition. This article will explain how bail is refundable in Zimbabwe.

Body

Bail is non-penal in character. Its main purpose is to ensure that an accused person attends trial and does not flee from justice. If an accused person attends all their court appearances and complies with the bail conditions, they are entitled to a full...