Online Reporter
Patrick Chitumba, Zimpapers Writer
ZIMBABWE’S prisons are operating under severe strain, with the inmate population surging to 27 683 against a holding capacity of 17 800, prompting Prosecutor-General Justice Loice Matanda-Moyo to direct prosecutors to exercise restraint in bail opposition and sentencing.
The congestion leaves correctional facilities overcrowded by 9 883 inmates, a situation Justice Matanda-Moyo described as undesirable and requiring urgent prosecutorial intervention.
In a circular addressed to senior prosecutors stationed across the country, she directed that bail should not be routinely opposed, particularly in cases involving petty offences.
“It has come to my attention that our prison population to date stands at 27 683 against a holding capacity 17 800. Resultantly, our prisons are overcrowded by 9 883. This situation is undesirable,” she said.
“This, therefore, is a directive to all public prosecutors to have this in mind when dealing with bail and sentences. Only in deserving cases should prosecutors advocate for custodial sentences.”
Justice Matanda-Moyo urged prosecutors to actively promote alternative sentencing, including fines, community service and other non-custodial measures, where these meet the interests of justice.
She noted that 5 970 inmates are unconvicted accused persons, stressing that pre-trial incarceration undermines constitutional guarantees.
“Our law scoffs at pre-trial incarceration. An accused is presumed innocent until proven guilty,” said Justice Matanda Moyo.
She cited Sections 49 and 70(1)(9) of the Constitution and Section 115C of the Criminal Procedure and Evidence Act, which entitle accused persons to bail unless the State proves compelling reasons for detention.
“The State must prove, on a balance of probabilities, that there are compelling reasons justifying the accused’s detention pending trial,” she said, adding that prosecutors cannot simply submit for continued detention.
Justice Matanda-Moyo also ordered prosecutors to review bail amounts, warning against imposing monetary conditions beyond the means of accused persons.
“If it is clear and apparent that the accused cannot afford such sums, there must be alternative conditions to bail in lieu of monetary payments,” she said.
Justice Matanda Moyo further directed prosecutors to make greater use of fast-track courts to speed up the resolution of non-complex cases likely to attract non-custodial sentences.
She said prosecutors should make sure that accused persons are not detained beyond six months without trial, except in serious offences and for exceptional reasons.
Zimbabwe Prisons and Correctional Services (ZPCS) has previously been forced to implement emergency congestion-reduction measures, including the release of non-violent offenders and infrastructure expansion.
Concerns over prison conditions were also raised by Parliament in October last year, following visits to more than 15 correctional facilities nationwide.
A joint report by the Portfolio Committee on Justice, Legal and Parliamentary Affairs and the Thematic Committee on Human Rights revealed that some prisons were operating at over 300 percent capacity, amid crumbling infrastructure, inadequate healthcare and shortages of basic necessities.
Inmates were reportedly sleeping on floors in poorly ventilated cells and relying on the unhygienic bucket system due to failing sanitation caused by lack of running water.
Colonial-era prisons such as Marondera and Gwanda, both established in 1910, were described as functionally obsolete.
Gwanda Prison, designed for 60 inmates, presently houses 210, with reported cases of tuberculosis and skin diseases.
