A SERVING life prisoner, Kisimusi Ndlovu, who has so far spent 21 years behind bars, has applied to the Supreme Court challenging his life sentence arguing the punishment contravened his constitutional rights and reduced him to “nothing but a number behind prison walls”.
Report by Feluna Nleya
Ndlovu was slapped with a life imprisonment term in 1991 at the Bulawayo High Court following his conviction over the attempted murder of Twin Ngwenya.
Through his lawyers Nosimilo Chaniawa and Tawanda Zhuwarara, Ndlovu who is a Class D inmate at Harare Central Prison last week appealed to the Supreme Court pleading for release saying the 21 years he has already served sufficed for the offence.
Ndlovu said life imprisonment sentence was a cruel form of punishment that was not just an affront to human dignity, but ushers in hopeless and barren state of existence.
“I contend that the sentence of life imprisonment is inhuman and degrading. It has reduced me to nothing, but a number behind the walls of prison,” said Ndlovu.
“In particular, I allege that my constitutionally entrenched protection from inhuman treatment as enshrined in Section 15 (1) of the Constitution was contravened when I was sentenced to life imprisonment by the High Court sitting in Bulawayo on the 27th of June 1991, for attempted murder.
“I contend that the sentence of life imprisonment without the possibility of release is in itself constitutionally repugnant. Even if it is held that life imprisonment without the possibility of release is constitutional, I argue in the alternative, that the circumstances in which I serve the sentence of life imprisonment run afoul of my constitutional protection enshrined in section 15 (1) of the Constitution.”
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“I also allege that life imprisonment in general, and in particular for attempted murder constitute a very serious transgression of human dignity which requires the attention of this Honourable Court.”
“Life Imprisonment is punishment without respite, with no hope of atonement or reprieve. It reduces one to a number behind walls of prison waiting for death to set them free,” said Ndlovu. “Those serving life sentences are not permitted to go beyond certain areas of the Harare Central prison complex. In fact my whole existence is confined to within 100 meters of our cell.”
He said although Section 47 (2), 47 (3) and 49 of the Criminal Codification and Reform Act Chapter 9:23 provided for the sentence of life imprisonment, it was a violation of section 15 and 18 of the Constitution of Zimbabwe and thus should be declared unconstitutional.
“While the good behaviour of a normal prisoner can earn him certain freedoms such as greater movement within the prison complex, as a lifer I enjoy no such opportunities. I remain a D class prisoner despite my behaviour and or conduct,” said Ndlovu.
