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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

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

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>

President Mnangagwa Grants Amnesty To Over 4 000 Prisoners

Two prison inmates who were serving three-year sentences for unlawful entry reportedly escaped from Gokwe Prison, taking advantage of lax security, on Saturday evening.
The escapees then robbed a shop owner at Gwehava business centre, a few kilometres from Gokwe town.
<a href="https://www.newsday.co.zw/local-news/article/200009058/2-gokwe-prisoners-escape-rob-shop-owner">NewsDay</a> reported sources saying that one of the escapees was re-arrested, while his accomplice, Decent Sibanda of Kana Mission, is still at large.
Sibanda, whose prison number is 357/21, began his three-year sentence on 1 June 2021.
He was expected to complete his sentence on 31 May 2023.
The escapees were reportedly at a prison farm near Gwehava business centre where they were looking after the prison cattle and maize.
After escaping from lawful custody, they robbed a nearby shop of some grocery goods and other valuables.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Two Inmates Escape From Gokwe Prison, Rob Shop Owner

A South African soldier and a Zimbabwean national were arrested in Musina, Limpopo Province for allegedly attacking police and helping six-armed robbery suspects awaiting trial to escape from police custody on Monday morning.
Kedibone Albert Langa (38), a member of the South African National Defence Force (SANDF) and Thabani Sibanda (28) from Zimbabwe appeared in a Louis Trichardt court on Tuesday.
The duo was remanded in custody to 22 March this year.
In a statement on Tuesday, Limpopo Province South African Police Services (SAPS) spokesperson Brigadier Motlafela Mojapelo said one of those arrested was a brother of one of the escapees. He said:
<blockquote>
The (SAPS) Team followed up on information received about the suspects and arrested a 28-year-old Zimbabwean national who is believed to be the brother of one of the escapees and a member of the South African National Defence Force aged 38.
</blockquote>
The six Zimbabweans, Forward Shumba, 26, Shingirai Nyandome, 32, Brilliant Sibanda, 26, Erick Sithole, 35, Moses Zambara, 32 and Alex Nkomo, 35, were being transported by police when their accomplices violently freed them.
Langa and Sibanda are believed to have been among the suspects who engaged in a shoot-out with SAPS officers to free the six men.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

South African Soldier Arrested For Aiding Zimbabwean Robbers Escape

Six Zimbabwean nationals escaped from police custody in South Africa on Monday morning after their alleged accomplices engaged in a shoot-out with South African police to free them.
In a statement, the South African Police Services (SAPS) said the incident occurred outside Louis Trichardt, some 120 kilometres south of Beitbridge.
SAPS identified the six as Forward Shumba, 26, Shingirai Nyandome, 32, Brilliant Sibanda, 26, Erick Sithole, 35, Moses Zambara, 32 and Alex Nkomo, 35.
All six were awaiting trial for crimes committed in South Africa and were being transported by police when their accomplices violently freed them. Reads the statement:
<blockquote>
The Police in Makhado have launched a massive manhunt for a group of heavily armed suspects who attacked and shot at Police members transporting six awaiting trial prisoners and managed to free them this morning, Monday 13 March 2023.
The suspects thereafter took the six prisoners and sped off in a grey Mercedes Benz and a white Toyota Bakkie.
The incident occurred along the Vivo road next to the first Sxhoemansdal turnoff outside Louis Trichardt… All escapees are Zimbabwean nationals.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Six Zimbabwean Prisoners Escape South African Police Custody After Gun Battle

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>

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