A prisoner serving a life jail term, Obadiah Makoni, yesterday approached the Constitutional Court (ConCourt) seeking immediate release from prison arguing his continuous detention without the possibility of parole was in violation of the country’s Constitution.
CHARLES LAITON
Makoni, through his lawyer, Tendai Biti, who was instructed by a non-governmental organisation, Veritas, said a life sentence imposed on convicted prisoners without the possibility of parole, amounted to inhuman and degrading treatment and was, therefore, ultra vires the provisions of articles 51 and 53 of the country’s supreme law.
Biti said a review or suitability board should be put in place to consider the issues affecting prisoners on life sentences as opposed to “locking them up and throwing the keys away”.
Addressing the full ConCourt bench led by Chief Justice Godfrey Chidyausiku, Biti said his client was no longer a danger to society after having served close to 21 years in prison, where he was now being regarded a repentant person despite the nature of the offence for which he was incarcerated.
“He is one prisoner who has attained the highest status in prison; he even moves around freely in prison and is not a danger to anyone at all. There must be a minimum period that the court considers to be acceptable for one to be incarcerated and considered for parole,” Biti said.
“Subjecting the applicant to an indefinite incarceration in prison amounts to a breach of his rights in terms of section 53 of the Constitution, hence, we are saying there should be a parole board to deal with such cases.”
Biti gave an example of Germany, where a prisoner serving life term is considered for parole after serving 15 years behind bars. He further said in the case of Zimbabwe, Executive clemency (Presidential pardon) was no longer relevant in measuring constitutional compliance.
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Biti said Makoni was living in deplorable conditions in prison of which his continued detention under such harsh conditions was in strict violation to his right to life and dignity.
However, in response to the application, State representative Mike Chimombe urged the court to dismiss it, saying life sentence without parole does not violate Section 51 and 53 of the Constitution.
“It is submitted that there are statutory and constitutional provisions that give the applicant hope to be released from prison such as the President’s prerogative of mercy,” he said.
“It is further submitted that incarceration in prison of the applicant does not amount to a breach of the applicant’s rights in terms of the Constitution.” Judgment in the matter was reserved.
