Judge condemns inhumane prison conditions

A High Court judge has directed the Ministry of Home Affairs and prison authorities to ensure that inmate holding cells across the country, specifically at Mutare Central Police Station and Mutare Remand Prison, are made habitable. This landmark ruling came after a legal challenge by Mutare resident Michael Mundandishe, who was shocked by the inhumane conditions he encountered during his detention in August 2024.

Mundandishe, represented by Passmore Nyakureba and Nigel Muchinguri from the Zimbabwe Lawyers for Human Rights, sued police and prison authorities after his arrest on August 1, 2024, following a constituency development meeting at the residence of Chikanga's Ward 19 councillor in Mutare. He described his treatment at the Mutare police station and prison as degrading, which led him to seek legal redress for the inhumane conditions.

The application named Police Commissioner-General Stephen Mutamba, Home Affairs Minister Kazembe Kazembe, Justice Minister Ziyambi Ziyambi, the Officer Commanding Manicaland Province, Mutare Central Police's Officer-in-Charge, and Prisons and Correctional Service Commissioner-General Moses Chihobvu as respondents.

In his ruling, High Court judge Justice Sijabuliso Siziba confirmed that the conditions of detention violated Section 50(1)(c) of the Constitution of Zimbabwe, which prohibits inhumane and degrading treatment. He emphasized that the detention conditions at both Mutare Central Police Station and Mutare Remand Prison were unacceptable, ordering immediate improvements.

Justice Siziba's ruling included specific instructions for the prison authorities to ensure that Mutare Central Police Station's holding cells were equipped with functioning toilets and proper sanitary facilities, including toilet paper and washing basins. Additionally, the judge ordered that the bathing facilities at Mutare Remand Prison be screened off to protect the dignity of inmates.

This ruling follows a long-standing concern over the conditions in Zimbabwe's police and prison cells. Various human rights organizations, opposition politicians, and former detainees have repeatedly raised alarm over the squalid conditions in these institutions, highlighting overcrowding, unsanitary facilities, and a lack of basic necessities for prisoners.

In 2019, MDC activist Paddington Japajapa, who was detained at Harare Central Prison, exposed the dire conditions, including the use of a single bucket for toilets and limited access to water. He also criticized the dilapidated state of the prison's facilities, which were built in 1910, stating that inadequate sanitation and the use of the bucket system were clear violations of prisoners' rights.

A 2018 study by the Zimbabwe Human Rights NGO Forum also revealed overcrowding in some prisons, with prisoners at risk of disease outbreaks due to poor hygiene and inadequate medical care. At Mutare Farm Prison, there were reports of lice infestations, and at Tabudirira Satellite Prison, prisoners had to endure the lack of toilets in their cells. In 2020, a major health crisis was reported at Chikurubi Maximum Security Prison, with outbreaks of diarrhoea, tuberculosis, and hepatitis B due to the lack of proper sanitation and overcrowded conditions.

The Zimbabwean government has faced increasing pressure from human rights groups and opposition leaders to address the deplorable state of prisons and police cells. This ruling is seen as a significant step towards ensuring the rights and dignity of detainees, though questions remain about whether the government will effectively implement these orders across the country's prisons.

Mundandishe's case highlights the urgent need for comprehensive prison reforms in Zimbabwe, as poor conditions continue to affect the health and well-being of thousands of inmates.