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Pre-trial detention is choking Zimbabwe's prisons
17 hrs ago |
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Zimbabwe's prisons are holding almost 10 000 inmates beyond their official capacity, prompting Prosecutor General Loice Matanda-Moyo to issue a directive urging prosecutors to prioritise bail, fines and community service over custodial sentences.
In an internal memo dated January 7, 2026, Matanda-Moyo revealed that the country's prison population currently stands at 27 683 inmates, against a designed holding capacity of 17 800. This leaves correctional facilities overcrowded by 9 883 prisoners, a situation she described as undesirable and unsustainable.
Matanda-Moyo directed all public prosecutors to take prison overcrowding into account when making submissions on bail and sentencing, stressing that imprisonment should be pursued only in deserving cases. She said prosecutors must actively consider alternatives to incarceration, particularly for minor offences.
The memo highlights that a significant portion of inmates are awaiting trial. Of the total prison population, 5 970 are unconvicted accused persons, a reality the Prosecutor General said runs contrary to constitutional principles and the presumption of innocence.
"Our law scoffs at pre-trial incarceration," Matanda-Moyo said, noting that an accused person is presumed innocent until proven guilty. She emphasised that denying liberty to unconvicted individuals should only occur in exceptional circumstances.
She reminded prosecutors that detention before trial is not automatic and that the State bears the responsibility of justifying why an accused person should remain in custody. According to the directive, prosecutors should not routinely seek detention without providing clear legal justification.
Matanda-Moyo also instructed prosecutors to urgently review bail conditions, particularly in cases where accused persons remain incarcerated simply because they cannot afford monetary bail. She said that where it is apparent that an accused person lacks the means to pay bail, alternative non-monetary conditions should be imposed.
"All accused remanded in custody facing petty offences must be admitted to bail on appropriate conditions," the memo states.
To further ease congestion in prisons, the Prosecutor General ordered the increased use of fast-track courts to speed up the finalisation of non-complex cases that are likely to attract non-custodial sentences. Prosecutors were also reminded to ensure that accused persons are not held in custody for more than six months without trial, except in serious cases or where exceptional circumstances exist.
The directive signals a renewed push by the National Prosecuting Authority to align prosecutorial practice with constitutional safeguards while addressing the growing crisis of overcrowding in Zimbabwe's prisons.
In an internal memo dated January 7, 2026, Matanda-Moyo revealed that the country's prison population currently stands at 27 683 inmates, against a designed holding capacity of 17 800. This leaves correctional facilities overcrowded by 9 883 prisoners, a situation she described as undesirable and unsustainable.
Matanda-Moyo directed all public prosecutors to take prison overcrowding into account when making submissions on bail and sentencing, stressing that imprisonment should be pursued only in deserving cases. She said prosecutors must actively consider alternatives to incarceration, particularly for minor offences.
The memo highlights that a significant portion of inmates are awaiting trial. Of the total prison population, 5 970 are unconvicted accused persons, a reality the Prosecutor General said runs contrary to constitutional principles and the presumption of innocence.
"Our law scoffs at pre-trial incarceration," Matanda-Moyo said, noting that an accused person is presumed innocent until proven guilty. She emphasised that denying liberty to unconvicted individuals should only occur in exceptional circumstances.
She reminded prosecutors that detention before trial is not automatic and that the State bears the responsibility of justifying why an accused person should remain in custody. According to the directive, prosecutors should not routinely seek detention without providing clear legal justification.
Matanda-Moyo also instructed prosecutors to urgently review bail conditions, particularly in cases where accused persons remain incarcerated simply because they cannot afford monetary bail. She said that where it is apparent that an accused person lacks the means to pay bail, alternative non-monetary conditions should be imposed.
"All accused remanded in custody facing petty offences must be admitted to bail on appropriate conditions," the memo states.
To further ease congestion in prisons, the Prosecutor General ordered the increased use of fast-track courts to speed up the finalisation of non-complex cases that are likely to attract non-custodial sentences. Prosecutors were also reminded to ensure that accused persons are not held in custody for more than six months without trial, except in serious cases or where exceptional circumstances exist.
The directive signals a renewed push by the National Prosecuting Authority to align prosecutorial practice with constitutional safeguards while addressing the growing crisis of overcrowding in Zimbabwe's prisons.
Source - Zimlive
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