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Crime Reporter
THE first convicts benefiting from a Presidential Clemency Order were released yesterday, the first of 4 270 who will be allowed to go home after their sentences were reduced.
President Mnangagwa issued the clemency order to decongest national prisons and promote better living conditions.
The inmates will be released following a meticulous process of verifying potential beneficiaries.
Of the 4 270 inmates, 4 166 are men while the other 104 are women and provinces have started releasing inmates.
In Harare, 770 men and 20 women will be released making it a total of 790 inmates, Bulawayo has 688 (680 men and eight women), Midlands 537 (527 men and 10 women), Manicaland 552 (543 men and nine women), Mashonaland East 397 (358 men and 39 women), Mashonaland West 340 (333 men and seven women), Mashonaland Central 206 (204 men and two women), Masvingo 398 (392 men and six women, Matabeleland North 231 (230 men and one woman) and Matabeleland South 131 (129 men and two women).
In a statement, Zimbabwe Prisons and Correctional Service national spokesperson Chief Superintendent Meya Khanyezi yesterday appealed to families and society to accept the released prisoners.
“We would like to appeal to close family members, stakeholders and society at large to embrace and accept inmates who have been released on amnesty. Successful reintegration of inmates back to society is not the sole mandate of ZPCS alone, but it requires combined efforts from all citizens of Zimbabwe.
“These inmates were being rehabilitated and have been serving for the offences they committed against the State. Therefore, those aggrieved are encouraged to forgive them for their successful reintegration into society,” she said.
Recently, amnesty was granted to prisoners serving time for a range of non-violent offences with President Mnangagwa exercising executive clemency to release inmates who had served at least one third of their jail term by Independence Day last month as a measure of decongesting prisons now holding more than 22 000 prisoners.
Some sentenced for more violent crimes could still benefit, but they had to have served at least three quarters of their sentences.
The country’s prisons have a carrying capacity of 17 000 and 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 the Permanent Secretary for Justice, Legal and Parliamentary Affairs, Mrs Virginia Mabiza.
The 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, excluding 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 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 also 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.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.
Online Reporter