The Zimbabwe Lawyers for Human Rights (ZLHR) have formally requested an explanation from the Zimbabwe Prisons and Correctional Service (ZPCS) regarding the release of a convicted rapist from Harare Central Prison under a recent presidential amnesty order.
The individual in question, Bobby Makaza, who is 59 years old and resides in Murehwa in Mashonaland East province, was released from Harare Central Prison on 19 May 2023 as part of a presidential amnesty declared by President Emmerson Mnangagwa on 12 May 2023. The amnesty, which was aimed at reducing the prison population, benefited some inmates, including convicted sexual offenders, after President Mnangagwa gazetted Clemency Order No. 1 of 2023.
However, the ZLHR lawyers, Tinashe Chinopfukutwa and Paidamoyo Saurombe, acting on behalf of Makaza’s victim, have demanded a detailed explanation from ZPCS Commissioner-General Moses Chihobvu about the basis upon which Makaza qualified for amnesty and subsequent release from Harare Central Prison in terms of Clemency Order No. 1 of 2023. The lawyers have informed Chihobvu that Makaza had been convicted and sentenced to serve an effective 16-year prison term on 2 April 2019, after standing trial at Murehwa Magistrates Court in Mashonaland East province on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act.
According to Chinopfukutwa and Saurombe, Makaza, being an inmate convicted of rape, which is a specified offence, was excluded from benefiting from the presidential amnesty in terms of section 12(d) as read with 13(c) of Clemency Order No.1 of 2023. The ZLHR lawyers have given Chihobvu until Friday 7 July 2023 to respond to their letter.
In the event that a court determines that the release of Bobby Makaza was illegal, the ZPCS may be compelled to re-incarcerate him, as well as any other individuals who were similarly released. The ZPCS had cited the reduction of prison overcrowding as the primary objective of the amnesty, which resulted in the release of 4,270 inmates. However, victims of violent crimes have expressed their dissatisfaction, stating that they were not consulted prior to the release of the perpetrators.