News / Local
Prison officers ordered to provide warm clothing for inmates
13 Apr 2015 at 07:21hrs | Views
A BULAWAYO magistrate has ordered the Zimbabwe Prisons and Correctional Services (ZPCS) to provide warm clothing to inmates at Khami remand prison.
The order was made after Byron Sengweni of Mcijo, Dube and Partners law firm on Friday made an application stating that his six clients' rights were violated while in detention.
It was very cold last Friday when the suspects were brought to court without jerseys, while prison guards were wearing theirs, a development that did not go down well with Sengweni.
The six suspects are Vusumuzi Ndlovu, 24, Freedom Tshabangu, 25, Jeremiah Mpofu, 57, William Chimbidzikayi, 28, Kholisani Nyoni, 26, all of Umguza district in Matabeleland North province and Hanelista Ndlovu, 22, of Thorngrove suburb who are facing a theft charge.
The group, who were workmates at Friday 13 mine, allegedly connived and stole their employer's firearm, cellphone and gold ore after stoning him until he lost consciousness last year.
"Your worship, according to the rights of detained persons in section 50 subsection 5 (d). Any person who is detained including a sentenced prisoner has the right to conditions of detention that are consistent with human dignity including the opportunity of physical exercise and the provision at the states' expense of adequate accommodation ablution facilities, personal hygiene and medical treatment," said Sengweni.
"I apply for an order against the prison officer in charge to provide jerseys to the accused persons as it's their constitutional right."
Regional magistrate Trymore Utawashe said it is common sense that every person should wear a jersey when it is cold.
He granted the order against the prison officer in charge to provide jerseys to Ndlovu, Tshabangu, Mpofu, Chimbidzikayi, Nyoni and Hanelista.
The group was remanded in custody to April 22, for commencement of trial.
Prosecuting, Paida Zengeni told the court that on December 3, at around 11 PM at Friday 13 Mine which is situated in Umfasimete, Umguza District, Ndlovu, Tshabangu, Mpofu, Chimbidzikayi, Nyoni together with Hanelista, teamed up and attacked Temba Zondo, the mine owner.
"Zondo was assaulted with his employees, Tobias Mlilo, Comfort Ndembela and Henry Chiweshe with stones, logs and iron bars," said Zengeni.
Mlilo, Ndembela and Chiweshe managed to escape and the gang continued to assault Zondo until he was unconscious.
The court heard that Zondo had in his possession a licensed firearm and his cellphone which his assailants allegedly stole.
Zengeni said the syndicate dumped Zondo in the bush about 200 metres away from the mine while he was unconscious and entered one of the mine shafts and extracted gold ore.
The matter was reported to the police, leading to their arrest. Police recovered the firearm from Ndlovu. The value of the stolen gold could not be ascertained and it was not recovered.
The order was made after Byron Sengweni of Mcijo, Dube and Partners law firm on Friday made an application stating that his six clients' rights were violated while in detention.
It was very cold last Friday when the suspects were brought to court without jerseys, while prison guards were wearing theirs, a development that did not go down well with Sengweni.
The six suspects are Vusumuzi Ndlovu, 24, Freedom Tshabangu, 25, Jeremiah Mpofu, 57, William Chimbidzikayi, 28, Kholisani Nyoni, 26, all of Umguza district in Matabeleland North province and Hanelista Ndlovu, 22, of Thorngrove suburb who are facing a theft charge.
The group, who were workmates at Friday 13 mine, allegedly connived and stole their employer's firearm, cellphone and gold ore after stoning him until he lost consciousness last year.
"Your worship, according to the rights of detained persons in section 50 subsection 5 (d). Any person who is detained including a sentenced prisoner has the right to conditions of detention that are consistent with human dignity including the opportunity of physical exercise and the provision at the states' expense of adequate accommodation ablution facilities, personal hygiene and medical treatment," said Sengweni.
"I apply for an order against the prison officer in charge to provide jerseys to the accused persons as it's their constitutional right."
Regional magistrate Trymore Utawashe said it is common sense that every person should wear a jersey when it is cold.
He granted the order against the prison officer in charge to provide jerseys to Ndlovu, Tshabangu, Mpofu, Chimbidzikayi, Nyoni and Hanelista.
The group was remanded in custody to April 22, for commencement of trial.
Prosecuting, Paida Zengeni told the court that on December 3, at around 11 PM at Friday 13 Mine which is situated in Umfasimete, Umguza District, Ndlovu, Tshabangu, Mpofu, Chimbidzikayi, Nyoni together with Hanelista, teamed up and attacked Temba Zondo, the mine owner.
"Zondo was assaulted with his employees, Tobias Mlilo, Comfort Ndembela and Henry Chiweshe with stones, logs and iron bars," said Zengeni.
Mlilo, Ndembela and Chiweshe managed to escape and the gang continued to assault Zondo until he was unconscious.
The court heard that Zondo had in his possession a licensed firearm and his cellphone which his assailants allegedly stole.
Zengeni said the syndicate dumped Zondo in the bush about 200 metres away from the mine while he was unconscious and entered one of the mine shafts and extracted gold ore.
The matter was reported to the police, leading to their arrest. Police recovered the firearm from Ndlovu. The value of the stolen gold could not be ascertained and it was not recovered.
Source - chronicle
