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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.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

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Human Rights Lawyers Question Release Of Rapist Under Presidential Amnesty Order

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

The release of rapists from prison under a recent Presidential Amnesty has been castigated by activists and legal experts who argue that the move undermines efforts to combat gender-based violence (GBV) and to protect victims.
President Emmerson Mnangagwa recently granted amnesty to more than 4 000 prisoners to decongest the country’s overcrowded jails.
Rapists who are over 65 years and had served two-thirds of their prison terms benefited under the amnesty.
Social commentator Pardon Taodzera told <a href="https://www.newsday.co.zw/local-news/article/200012113/amnesty-for-rapists-hitting-victims-harder">NewsDay</a> that the release of rapists raises serious concerns about the government’s commitment to addressing GBV. Said Taodzera:
<blockquote>
The decision to grant amnesty to rapists by Mnangagwa raises serious concerns about the government’s commitment to addressing gender-based violence.
While prison overcrowding is undoubtedly a pressing issue, it should never come at the expense of survivors’ rights and safety.
This decision undermines the efforts of activists, organisations, and individuals who have tirelessly worked towards creating a society free from violence and discrimination.
It sends a message that the state is prioritising the convenience of the justice system over the well-being of survivors and the deterrence of future crimes.
It is crucial for the government to consider alternative measures that do not compromise the principles of justice, such as implementing comprehensive rehabilitation programs and improving the efficiency of the judicial process.
Failure to do so not only erodes public trust but also perpetuates a culture of impunity that further endangers the lives of women and girls.
</blockquote>
Legal commentator Admire Huniuswa said granting presidential amnesty to rapists could be in violation of international human rights norms and domestic laws that guarantee protection against GBV. He said:
<blockquote>
The amnesty to rapists raises significant legal concerns and questions the adherence to international human rights standards.
While the issue of prison overcrowding is a legitimate concern, it is crucial to prioritise the rights and safety of survivors and ensure that justice is served.
Granting amnesty to rapists undermines the principle of accountability and sends a detrimental message to both survivors and potential offenders.
It is essential to explore alternative solutions, such as improving the efficiency of the justice system, implementing restorative justice programmes, and providing comprehensive support to survivors.
Moreover, this decision may be in violation of domestic laws and international human rights instruments that guarantee protection against gender-based violence.
It is imperative for legal experts and human rights organisations to challenge the constitutionality of this amnesty and advocate for a justice system that upholds the rights and safety of all individuals, particularly survivors of sexual violence.
</blockquote>
Opposition CCC spokesperson Fadzayi Mahere on Wednesday said it was “grossly irrational to release dangerous, unrehabilitated offenders back into society” before informing or preparing rape victims.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"Releasing Rapists Undermines Fight Against Gender-based Violence"

The recent release of <a class="MarkdownLink_linkifiedLink__KxC9G">convicted rapists</a> under the <a class="MarkdownLink_linkifiedLink__KxC9G">presidential amnesty</a> has caused discontent among some Zimbabweans, with <a href="https://www.pindula.co.zw/Fadzayi_Mahere/">Fadzayi Mahere</a> accusing authorities of being grossly irrational.
President Emmerson Mnangagwa <a href="https://www.pindula.co.zw/2023/05/20/francis-gudyanga-released-in-presidential-amnesty/">ordered the release of 4,279 prisoners</a> to ease congestion in <a class="MarkdownLink_linkifiedLink__KxC9G">Zimbabwe</a>‘s prisons, which had a capacity of 17,000 inmates but were holding more than 22,000.
The pardons benefited prisoners who were held for non-violent offences and those aged over 60 who had served at least one-tenth of their sentence by April 18. However, the release included a convicted rapist who had sexually assaulted a nine-year-old girl and was released after serving just one year of his sentence.
Fadzayi Mahere, the spokesperson of the opposition Citizens Coalition for Change (CCC) criticised the decision to release the rapists before completing their full prison terms, calling it “irrational.” Mahere, a legal expert posted on Twitter: 
<blockquote>
While it is globally accepted that amnesties are a useful criminological device to minimise incarceration and encourage rehabilitation, such pardons must be made in a reasonable manner as required by section 68 of the Constitution with due regard to the plight of victims.
With respect, it is grossly irrational to release dangerous, unrehabilitated offenders back into society. In particular, releasing rapists who have barely served their sentence and who’ve not demonstrated that they are rehabilitated poses a huge threat to the survivors of the rape and wider society.
Unleashing unrehabilitated rapists back into the communities that they committed rape is not only ultra vires the amnesty instrument, it’s a grossly irrational, negligent act that must be condemned by all progressive voices who care about the safety of women &amp; girls.
</blockquote>
In the video below, some of the convicted rapists speak to reporters after being released.
<div class="wp-video" style="width: 480px;">
<video class="wp-video-shortcode" controls="controls" height="270" id="video-257433-1" preload="metadata" width="480"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2023/05/RAPISTS-RELEASED.mp4?_=1" type="video/mp4"/><a href="https://news.pindula.co.zw/wp-content/uploads/2023/05/RAPISTS-RELEASED.mp4">https://news.pindula.co.zw/wp-content/uploads/2023/05/RAPISTS-RELEASED.mp4</a></video></div>
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Fadzayi Mahere: Release Of Convicted Rapists Under Presidential Amnesty Is Grossly Irrational

Former Ministry of Mines permanent secretary, Francis Gudyanga who was in jail was among thousands of inmates who benefited from the latest Presidential Amnesty.
Last week, President Emmerson Mnangagwa declared a Presidential Amnesty releasing over 4 000 inmates.
Gudyanga was serving two and a half years for abuse of office at the Harare Central Prison.
<a href="https://www.newzimbabwe.com/gudyanga-released-in-presidential-amnesty-ex-perm-sec-jailed-in-2022-for-abuse-of-office/">NewZimbabwe.com</a> reported that after his conviction, Gudyanga was sentenced to four years in prison in February last year.
The magistrate suspended 18 months of Gudyanga’s sentence on condition he restituted the Minerals Marketing Corporation of Zimbabwe (MMCZ) a total of US$25 228.
Speaking to journalists as he boarded a Zimbabwe Prisons Correctional Service (ZPCS) bus which was on its way to the Central Business District on Friday, Gudyanga said:
<blockquote>
We want to thank our families, friends and well-wishers for their support and prayers and their visits but also, we want to thank the prison officers who looked after us very well.
I appreciate the companionship of our fellow inmates.
</blockquote>
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>

Francis Gudyanga Released In Presidential Amnesty

President Emmerson Mnangagwa has ordered the release of 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.
In a statement released on Thursday, ZPCS spokesperson Meya Khanyezi said:
<blockquote>
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.
</blockquote>
According to a Statutory Instrument of an Extraordinary Government Gazette published last Friday by the Ministry of Justice, Legal, and Parliamentary Affairs, those who have been pardoned include terminally ill female prisoners and juveniles who are not serving specified offences.
Those to be released would have served one-third of their sentences by 18 April 2023 while those who remain in prison are convicts serving time for violence-related offences.
Khanyezi urged communities to forgive and embrace the inmates that have been given amnesty.<a href="https://www.chronicle.co.zw/over-4-000-prisoners-set-for-release/"> She said</a>:
<blockquote>
We would like to appeal to the close family members, stakeholders, and the society at large to embrace and accept inmates who have been released on amnesty.
Successful reintegration of inmates back into 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 offenses they committed against the state, therefore, those aggrieved are encouraged to forgive them for their successful reintegration into society.
</blockquote>
<h2>The number of inmates to be released per province:</h2>
Bulawayo Metropolitan – 688 (680 males and 8 females)
Matabeleland North – 231 (230 males and 1 female)
Matabeleland South – 129 (127 males and 2 females)
Harare – 790 (770 males and 20 females)
Midlands – 537 (527 males and 10 females)
Mashonaland East – 397 (358 males and 39 females)
Mashonaland West – 340 (333 males and 7 females)
Mashonaland Central – 206 (204 males and 2 females)
Masvingo – 398 (392 males and 6 females)
Midlands – 537 (527 males and 10 females)
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>

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