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Prominent Zimbabwean lawyer Advocate Thabani Mpofu is considering a challenge to a law that prohibits prisoners from engaging in sexual intercourse with their spouses.
During the “Family Week” in 2019, Mayor Kanyezi, the chief correctional officer of the Zimbabwe Prison Correctional Services (ZPCS), said that while visiting rules and regulations for inmates were relaxed (during that week), this did not include the provision of conjugal rights. Said Kanyezi at the time:
<blockquote>
There are rights that are removed when someone has been convicted and sentenced in jail.
Soon after conviction, prisoners’ rights, rules and regulations are read to him or her, and rights such as having sex with your partner is not there.
Just getting convicted means you lose many of your rights that you were enjoying in the outside world.
We are saying this is a Family Week where you can visit and spend many hours with your incarcerated relatives but we are not saying those with spouses in jail can come and reignite their sexual relationships.
</blockquote>
Advocate Mpofu argues that denying conjugal rights to inmates undermines vital family bonds, which in turn affects the effectiveness of the prison system in rehabilitating offenders.
In a post on X, he asserted that conjugal rights are fundamental human rights essential for maintaining intimate relationships and fostering rehabilitation.
Mpofu argued that the state has a responsibility to uphold these rights, particularly for the benefit of innocent parties. Wrote Mpofu:
<blockquote>
Denying conjugal rights to spouses of incarcerated individuals raises concerns about the efficacy of our prison system.
How can rehabilitation occur when family bonds, essential to a person’s well-being, are disrupted?
Our stance is that prison should reform. How can it achieve that if it does not prioritize family life, itself the very core of human existence?
Further, why must the innocent spouse be punished by being denied conjugal activity whilst at the same time expected to wait faithfully for their incarcerated partner?
There is no doubt in my mind that conjugal rights are fundamental human rights, essential for maintaining intimate relationships and promoting rehabilitation.
That being the case, the state has a duty to uphold these rights, at least in the name of the innocent party.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A top lawyer in Zimbabwe, Advocate Thabani Mpofu, is thinking about challenging a law that stops prisoners from having sex with their spouses. The chief correctional officer said during a special "Family Week" that prisoners cannot have conjugal rights. Advocate Mpofu believes that denying prisoners these rights hurts family connections and makes it harder for them to change and get better. He thinks that these rights are important for keeping intimate relationships and helping with rehabilitation. The state should protect these rights for the sake of innocent people. Mpofu thinks that prisons need to focus more on family life to help prisoners change.

Top Lawyer Considers Legal Challenge Against Law Banning Conjugal Visits For Prisoners

Hwange Colliery Company Limited (HCCL) has noted that crime has started going up in the mining town since President Emmerson Mnangagwa released more than 4 000 criminals that include rapists from jails through Presidential Amnesty last month.
HLCC Acting Loss and Control Manager James Phiri released a memo encouraging the colliery’s workers to be extremely vigilant. It reads:
<blockquote>
With the recent release of criminals from Zimbabwe prisons through an Amnesty, criminality in the community has started rising. We urge all employees and their families to observe the following all times:
<ul>
<li>Do not leave any valuable belonging outside the house at night chairs, clothes on the washing line, shoes and horse pipes.</li>
<li>Make sure all doors are locked and secured properly all the time.</li>
<li>Do not rush to open the door when someone knocks, check through the window first and be sure it is someone you know before you open the door.</li>
<li>Teach your children not to open the door to strangers.</li>
<li>Train your children to stay indoors all the time or have an adult watching over them as they play outside the home.</li>
<li>Train your children not to get “lifts” from strangers.</li>
<li>Train your children to shout “help! help! help! when in danger or suspicion.</li>
<li>Train your children not to use short cuts when coming back from school or going to school</li>
</ul>
</blockquote>
Phiri warned employees against leaving their valuables such as phones or laptops with unknown people and also to report all suspicion with immediate effect to HCCL security.
Last month Mnangagwa ordered the release of 4 279 prisoners under a Presidential Amnesty.
According to the Zimbabwe Prisons and Correctional Services (ZPCS), a total of 4 166 men and 104 women were released from the country’s 47 main prisons and eight satellite prisons.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Criminality Rising Since Presidential Amnesty

A prison inmate who benefited from the Presidential amnesty announced early this week almost lost his freedom after he was accused of stealing a hat from one of the inmates.
The two inmates were among forty-three prisoners in Beitbridge, including one woman with a child, who were released from prison in the border town under the amnesty.
<a href="https://www.newsday.co.zw/local-news/article/200011785/amnesty-beneficiary-steals-hat-on-way-out-of-prison">NewsDay</a> reported that Ronald Sibanda was found with the hat belonging to another inmate, but the matter was resolved amicably and everyone eventually walked out free.
Of the 43, four were from the A class, 31 from the B class and seven were from the C class.
President Emmerson Mnangagwa ordered the release of 4 279 prisoners under the latest Presidential Amnesty in order to decongest prisons.
Zimbabwe’s prisons have a carrying capacity of 17 000 inmates but were holding more than 22 000.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Presidential Amnesty Beneficiary "Steals" Hat From Inmate

Kambuzuma Member of Parliament, Willias Madzimure (CCC), says Zimbabwe has to amend its laws to allow prison inmates to be permitted family time and to exercise their conjugal rights, as happens in other countries.
The Government is currently working on the Prisons and Corrections Services Bill, which seeks to reform legislation governing prisoners.
Madzimure argued that allowing family time for prison inmates will enable them to keep their families intact whilst they serve their sentences. <a href="https://cite.org.zw/give-inmates-family-time-and-conjugal-rights-mp/">CITE</a> quoted Madzimure as saying:
<blockquote>
It is important that we have a special day at the end of every month where the prisoners can interact with their families because we have already punished the inmate by incarcerating him.
I think it is important that we also work along those lines and do something to make sure that we have got full rehabilitation of prisoners.
A prisoner who spends ten years in prison after leaving a one-year-old child, the child will be nine years old by the time he is released.
For him to go home and say, “I am your father, I am back” and expect the child to really embrace the father and understand that this is the father, will be a torrid time for both the prisoner and the child.
</blockquote>
Madzimure also said when a married person or one in a relationship, is arrested and imprisoned, their partners should be allowed to visit them to provide conjugal rights. He said:
<blockquote>
I would want to raise the issue of conjugal rights for prisoners. In Sweden, the moment you are arrested, you are interviewed and you submit the name of your wife, if you are married and if you are a married woman, you submit the name of your husband.
If you are a person who is not yet married, you submit your girlfriend’s name.
So every Thursday, you are allowed to be visited by your wife or husband in private. The reason is very simple.
The issue of sexuality is not a secret and for us to expect someone to go to prison and spend ten years alone in prison without enjoying his or her rights, I think it is wrong.
This can be corrected so easily by making sure that we have prisoners with private accommodations that can be used for that purpose because let us not assume that there is nothing happening in prisons.
A lot of things happen in prison – so let it be clear that this is the facility that we have in prisons.
</blockquote>
Last week, President Emmerson Mnangagwa pardoned 4 279 prisoners under the latest Presidential Amnesty.
According to the Zimbabwe Prisons and Correctional Services (ZPCS), a total of 4 166 men and 104 women will be released from the country’s 47 main prisons and eight satellite prisons.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Give Prisoners Family Time And Conjugal Rights - CCC MP

One hundred and sixteen (116) inmates escaped from prisons between January 2021 and October this year, the Zimbabwe Prisons and Correctional Services (ZPCS) has said.
ZPCS national public relations officer, Chief Superintendent Meya Khanyezi, said most of the escapees were B-class inmates.
She said most fugitives will sneak away after asking for permission to relieve themselves when they will be outside for work duties while serving their terms at medium-security prisons.
Khanyezi also revealed that Harare Central and Chikurubi Farm prisons had high incidences of prison escapes. She said:
<blockquote>
In 2021, 64 inmates escaped from our prisons, and 52 inmates in 2022 to date, making a total of 116.
Harare Central and Chikurubi Farm prisons have a high incidence of escapes since these stations have more B-class inmates, who go out of prison to work.
Police, however, recaptured 40 escapees during the same period. After escaping, 40 inmates were recaptured — 18 in 2021 and 22 in 2022.
</blockquote>
To prevent future escapes, ZPCS is installing closed-circuit television (CCTV) systems at maximum prisons and arming its officers and increasing the number of dogs used by prison officers. | <a href="https://www.sundaymail.co.zw/116-escape-from-prison">The Sunday Mail</a>

116 Inmates Escape From Prisons

A Mwenezi teacher who was sentenced to 15 years in prison for murder is among inmates furthering their education in prison.
Chiyaka Maranda (54) was jailed for killing a villager over headmanship.
He started studying Advanced Level in January this year through a peace education programme introduced by the Zimbabwe Prisons and Correctional Service (ZPCS). Said Maranda:
<blockquote>
I want to be a successful businessman upon release. I joined other inmates in furthering my education in January this year.
Life has been darkened since my conviction on a matter I committed while defending my village position.
My late grandfather, who was a village headman, handed the position to me.
Some relatives, who were eyeing the position, organised some thugs to attack me.
I stabbed one of the attackers in the stomach and he died upon admission to a hospital.
</blockquote>
Maranda said he regrets his actions as he had no intention to kill.
He said he has finally accepted the sentence and studying has helped him heal.
<h4>More: <a href="https://www.hmetro.co.zw/man-serving-15-year-sentence-for-murder-returns-to-school/">H-Metro</a></h4>

Teacher Serving 15-year Sentence For Murder Furthers Education In Jail

Only a total of 1680 inmates are eligible for the presidential amnesty that was supposed to see ZPCS releasing 5000 inmates to decongest prisons, The Herald reports.
The matter came to light after the justice department ran a survey to see how many people had served half their sentences. Of the 1680 people who passed the amnesty test only 53 women are eligible to be released.
According to Justice Ministry’s Virginia Mabhiza:
<blockquote>We had targeted the release of 5 000 prisoners, but most of the inmates failed to meet the standards, resulting in a few qualifying.
In the past, we used to release those who had served at least a third of their sentences, but this time we tried to balance the interests and raised the bar to half sentences.
Many women are now participating in robberies, murder, public violence and other serious offences, which disqualifies them from this year’s amnesty. We cannot just release all women when they are committing serious offences</blockquote>
According to the publication inmates who meet the following criterion were supposed to be released:
<ol>
<li>People not found guilty of the specified offences that generally cover crimes of violence</li>
<li>Women prisoners who have served at least half their effective sentence</li>
<li>Juvenile prisoners who have served a third</li>
<li>Those sentenced to 36 months or less who have served half</li>
<li>Those over 70 who have served half.</li>
</ol>
More: <a href="https://www.herald.co.zw/inmates-fail-amnesty-test/">The Herald</a>

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