Online Reporter
Yeukai Karengezeka-Herald Correspondent
PROSECUTOR-GENERAL Justice Loyce Matanda-Moyo has directed prosecutors to prioritise the decongestion of overcrowded prisons by revisiting bail conditions and advocating alternative sentencing in appropriate cases.
In a memo dated January 7, 2026, addressed to all deputy prosecutors-general, chief directors, chief public prosecutors, district public prosecutors and prosecutors-in-charge, Justice Matanda-Moyo said the country’s correctional facilities were operating far beyond capacity, creating unhealthy and inhumane conditions.
The current prison population, she said, stands at 27 683 inmates against an official holding capacity of 17 800, resulting in overcrowding.
“This situation is undesirable. Therefore, all public prosecutors must keep this in mind when handling bail and sentencing,” she stated.
“Only in deserving cases should prosecutors advocate for custodial sentences. Where fines, community service, or other alternative sentences meet the justice of the case, let us promote these alternatives.”
Justice Matanda-Moyo said 5 970 inmates are unconvicted and remain in custody awaiting trial, despite legal principles that discourage pre-trial incarceration.
Speaking on the sidelines of the opening of the 2026 Legal Year at the Supreme Court in Harare yesterday, she said the directive was aimed at restoring dignity and respect for the rights of inmates.
“Prisoners have rights that must be respected,” she said.
“Many of the incarcerated individuals are there for petty offences or because they cannot afford bail. It makes no sense to overcrowd prisons with such people when alternative conditions can be applied.”
She instructed prosecutors to revisit cases where accused persons remain in custody solely because they are unable to pay bail.
“Prosecutors must bring these cases back before the magistrates and advocate for non-monetary conditions to secure their release,” she said.
The Prosecutor-General also raised concern over the number of people remanded in custody for minor offences such as petty theft, shoplifting, traffic violations and verbal disputes.
She announced that fast-track courts have been established to expedite the resolution of such cases.
“For petty offences, bail should be granted as much as possible. Let us avoid unnecessary pre-conviction incarceration. Bail is a right, and our law does not allow for punishment before trial,” she emphasised.
Justice Matanda-Moyo said custodial sentences should be reserved mainly for serious violent crimes such as murder, armed robbery and treason, and directed that such cases must be brought to trial within six months.
“In instances where trials exceed six months without progress, prosecutors must engage the police to ensure timely submission of dockets. If there is no evidence against the accused, they must be released,” she explained.
She highlighted the critical role prosecutors play in assisting magistrates to make fair and informed decisions, particularly in cases involving accused persons who cannot afford monetary bail.
Justice Matanda-Moyo also called for greater leniency in cases involving juvenile offenders, urging prosecutors to support non-custodial sentences to keep young people out of prison.
The directive, she said, seeks to strike a balance between accountability and fairness while easing pressure on the country’s strained correctional facilities.
