The clemency order excludes a range of prisoners, mainly
violent criminals and men serving more than four years, while qualifying more
women, juveniles, those with terminal illnesses and prisoners over 60.
Some men serving longer sentences can have their sentences
reduced and some, but not all, excluded violent prisoners can be released if
they have served at least three quarters of their effective sentence.
All prisoners under sentence of death and on death row for
10 years have had their sentence reduced to life imprisonment and those serving
life imprisonment who have served at least 20 years can be released. Blind and
disabled prisoners go free.
The reduction of sentences to time served for those who
qualify is not a pardon, since the record of their conviction and sentence
stands and will almost invariably mean a much longer sentence should they
re-offend in future. Even in the present clemency order, those who were
released early as a result of previous orders but then re-offended cannot
benefit this time and must stay to serve the full sentence.
Executive clemency is one of those presidential powers that
require Cabinet consent and usually originates in a recommendation from the
Ministry of Justice, Legal and Parliamentary Affairs as modified as it climbs
the ladder towards final approval.
The country’s prisons have a carrying capacity of 17 000
but are holding over 22 000. Presidential clemency has been used several times
in the past to reduce the prison population.
The Clemency Order No 1 of 2023 was gazetted under General
Notice 672B of 2023 issued by Permanent Secretary for Justice, Legal and
Parliamentary Affairs Mrs Virginia Mabiza.
Prisoners barred from clemency and who have to stay in jail
and serve their full terms are: those previously released on amnesty; those
sentenced by courts martial; those with a record of escaping from lawful
custody; and those convicted of committing one of the specified offences, which
include most violent crime.
The specified offences listed in the order include: murder,
treason, rape or any sexual offence, carjacking, robbery, public violence,
human trafficking, unlawful possession of firearm, contravention of the
Electricity Act, contravention of the Postal and Telecommunications Act,
contravention of the Public Order and Security Act or the Maintenance of Peace
and Order Act. The order makes it clear that those who conspired, incited or
attempted any of the specified offences also stay behind bars.
According to the
order, a full remission of the remaining period of imprisonment is granted to
all convicted female prisoners, save for those convicted of specified offences
so long as they had served one third of the sentence by April 18 this year.
All juveniles under the age of 18 go free so long as they
had served a third of the sentence by April 18 with only those convicted of
public violence staying inside. Age determination will be based on the birth
certificate or dental age estimation.
Male prisoners who were sentenced to 48 months and below
and have served one third of their sentence by April 18 can be released
provided they were not convicted for specified offences. Those serving effective
sentence above 48 months and have served at least one third of the sentence,
will have their sentences reduced by a quarter unless they are inside for
specified offences
Terminally ill prisoners certified by a correctional
medical officer or a Government medical officer go free regardless of offence
but the department of Correctional Services must liaise with Social Welfare so
that they continue treatment after release.
Inmates at open prisons were also pardoned regardless of
offence. Those aged 60 and above and have served one tenth of their sentence by
April 18 go free unless sentenced to life imprisonment, death or convicted for
public violence.
For some of the specified offences the prisoner can go free
“provided the inmate would have served three quarters of the sentence after the
usual one third remission by 18 April.” But those in jail for public violence,
robbery, treason, Electricity Act, Postal and Telecommunications Act and Public
Order and Security Act or Maintenance of Peace and Order Act are excluded.
The qualifying period of at least 20 years for prisoners
serving life sentences includes any period where they were under sentence of
death before their sentence was altered to life imprisonment.
The disabled, those medically certified as blind and those
physically challenged to the extent that they cannot be catered for in a prison
or correctional environment, will regardless of the offence, go out. Herald
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