PRESIDENT Emmerson Mnangagwa has pardoned 5 000 prisoners
serving for non-violent crimes as part of measures to decongest the country’s
prisons whose population had ballooned to over 20 000.
Among those who will be released through the Presidential
amnesty are those who were jailed for life but have since served at least 25
years.
The country’s prison population currently stands at 22 000
against an official holding capacity of 17 000. President Mnangagwa yesterday
announced the amnesty in a Government Gazette (General Notice 673 of 2020)
under Clemency Order 1 of 2020.
The amnesty comes barely a week after the Zimbabwe Prisons
and Correctional Services (ZPCS) had appealed to Government to pardon some
inmates to decongest facilities and reduce the spread of Covid-19 in case of an
outbreak.
In an interview yesterday, secretary for Justice, Legal and
Parliamentary Affairs Mrs Virginia Mabiza said the President exercised his
constitutional powers to release some prisoners in terms of section 112(1)(a)
and (d) of the Constitution of Zimbabwe.
“We are expecting about 5 000 prisoners to be released any
time from now following a Presidential Clemency Order. Prisons is now working
on the necessary paperwork among other modalities to ensure the release of the
prisoners on amnesty,” she said.
Mrs Mabiza said the amnesty was a routine exercise carried
out by Government to decongest and alleviate challenges faced by the ZPCS.
She said although it is not linked to coronavirus, it came
at the right time when there is need to implement the principle of social
distancing, which is aimed at combating the spread of the global pandemic.
“The release of prisoners is not related to Covid-19. It is
actually one of Government efforts towards decongesting our prisons, but it
just came at a time when the world is battling to contain Covid-19,” she said.
Mrs Mabiza said communicable diseases like Covid-19 can
spread easily in confined places and de-congesting prisons is therefore
critical.
“In fact, it is good now that we have such a programme when
we are also trying to implement social distancing, which can also be extended
to prisons as much as we can stretch while at the same time trying to balance
the interests of justice,” she said.
According to the clemency order, President Mnangagwa also
commuted to life imprisonment sentences of inmates who were on death row for at
least 10 years or more.
However, murder, treason, rape, armed robbery, car-jacking,
sexual offences or violence driven offences do not qualify for Presidential
pardon.
Other prisoners also excluded from the amnesty include
habitual criminals previously released on amnesty and those serving a sentence
imposed by a court martial or have a record of escaping from lawful custody.
The amnesty has emptied the country’s juvenile and female prisoners, regardless
of the offence committed, save for those convicted of murder, treason any
sexual offence, carjacking, robbery, stock theft, public violence, any
conspiracy, incitement or attempt to commit any of those offences.
“Full remission of the remaining period of imprisonment is
hereby granted to all female prisoners, save for those convicted of specified
offences. The inmate should have served at least half of her sentence,” read
the order.
“Full remission of the remaining period of imprisonment is
hereby granted to all juvenile prisoners under the age of eighteen (18), save
for those convicted of specified offences. The prisoners should have served at
least one third of his or her sentence.”
All prisoners serving a term of imprisonment at the Open
Prison regardless of offences committed and those aged 70 years and above have
also been pardoned, including those who have been bed ridden for a prolonged
period without recovery upon certification by a correctional medical officer or
a Government medical officer.
President Mnangagwa has also freed all prisoners sentenced
to life imprisonment and had served 25 years.
Prisoners serving an effective period of imprisonment of
more than 36 months who have served a third of their remaining sentence were
also granted an additional one-quarter remission of the remaining effective
period of imprisonment.
The President, under the Constitution, has powers to
substitute lesser sentences than those imposed by the courts. It is this power
that has been used in the past, using a formula to ensure equal treatment.
The prisoners still have criminal records, which will count
against them if they repeat the offence, and their convictions stand.
In 2018, President Mnangagwa cut the sentences of 3 000
prisoners across the country in a bid to de-congest prisons and improve the
living conditions of those who remain. Herald
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