Inside Zimbabwe's new parole system
Conjugal rights, home leave, day freedom, overnight detention for some prisoners
Reporting By Clemence Manyukwe
Government is crafting parole system regulations as part of far reaching reforms that will see some prisoners being freed during the day or granted five day home leave or even released permanently from prison before their term ends on account of good behaviour.
Parole is the conditional release of an inmate who must adhere to set conditions under the supervision of prison authoritiesauthoritities to avoid being taken back into custody.
The State Parole Board, which will be constituted in terms of the Prisons and Correctional Services Act which was signed into law by President Mnangagwa in August last year, is key in the release of inmates under this system.
Conditions for early release may include not committing any crime, not taking drugs or not leaving the country.
Foreigners are not eligible for parole.
" The State Parole Board shall, whenever necessary make recommendations to the Minister as to the release on full parole or probation of an inmate serving a sentenceserving sentence of imprisonment," reads part of the new Prisons and Correctional Services Act.
The board can authorise the release of an inmate before the expiry of a given sentence or only on day parole, according to the new law.
Home leave for inmates serving at open prisons may also be granted for family contact which will see them enjoying their conjugal rights.
Zimbabwe has two open prisons, Connemara Open Prison in Kwekwe for male inmates which was established in 1997 and Marondera Female Open Prison which was opened on 2 June 2021 – the first of its kind in the SADC region and second to open in Africa, following one in Mauritius that opened in 2015.
"Home leave : The officer-in-charge of an open correctional facility may authorise the absence of an inmate, unescorted, where the inmate will not, by re-offending, present an undue risk to society during the authorised absence; it is desirable for the inmate to be absent from the correctional facility for medical, administrative, family contact, personal development for rehabilitative purposes, compassionate, or any other reasons that the officer-in-charge deems fit," reads part of the Act.
" The temporary absence and home leave authorised under this Act applies only within the boundaries of Zimbabwe and is, whenever practicable, on the expense of the State and does not apply to foreign inmates."
Zimbabwe's first post-independence president, Canaan Banana, who was found guilty in 1999 of sodomy and abusing his power to sexually assault and carry out "unnatural acts" with men, most of whom were on his presidential staff was among the first people to be detained at the open prison in Kwekwe.
A policy the Zimbabwe Prisons and Correctional Service (ZPCS) put in place three years ago says those in open prisons do not put on prison garb but use their own clothes.
They visit their families every month for five days without any supervision and are also allowed to go home during the Christmas and New Year holidays from December 22 to January 2.
Open Prison inmates can bring personal items or property such as refrigerators and their own food to cook.
They also have a wardrobe, bed among others in their rooms.
The new Prisons and Correctional Services Act does not take away the Presidential power of mercy.
The President may in terms of section 112 of the Constitution order the release of any inmate from any prison or correctional facility.
Also, the Minister of Justice on the recommendation of a medical officer and after consultation with the Commissioner-General of Prisons may issue a licence for the release of an inmate serving any sentence in a prison or correctional facility who is suffering from a dangerous, infectious or contagious disease.
The Minister can also order the release of an inmate whose continued incarceration is detrimental to his or her health on the grounds of his or her physical ccondition, who is infirm by reason of advanced age or is disabled and can be cared for outside prison or correctional facilities.
Cabinet approved the principles of this new law in March 2022 to bring to life the new parole system but more than two years on, the State Parole Board has not been constitutedbe constituted.
What could be the reason for the delay in operationalising this system?
CCC senator Kucaca Phulu asked that question in the Senate recently and the Deputy Minister of Justice, Legal and Parliamentary Affairs, Norbert Mazungunye provided an answer.
The Deputy Minister said the system will start once regulations providing more detailed guidance on the appointment of the Parole Board and implementation of the parole system have been gazetted.
"In this regard, the Ministry through the Zimbabwe Prisons and Correctional Service is engaged in stakeholder consultations to come up with draft regulations that would be forwarded to the Minister of Justice, Legal and Parliamentary Affairs for approval and further transmission to the Attorney General and thereafter, the board will be set up," said Mazungunye.
The Deputy Minister said the Attorney-General is currently overwhelmed with Bills which are supposed to be forwarded to Parliament.
"That has caused the delay in the setting up of regulations in that regard," he added.
He also said the Government has since engaged some lawyers to assist the Attorney-General.
" All those regulations which I have mentioned will be set up after all has been said and done," added the Deputy Minister.