Malawi Supreme Court of Appeal judge Justice Sylvester Kalembera has called for robust, independent and well-resourced prison oversight mechanisms to ensure that correctional centres in the SADC region uphold human dignity and comply with international human rights standards.
Justice Kalembera made the call when he delivered a keynote address at a consultation for judges on the provisions of a SADC Model Law on Prison Oversight in Sandton, South Africa on Thursday. The SADC Parliamentary Forum convened the consultation, one of a series planned.
The top judge invoked the late former South African President Nelson Mandela’s famous reflection that, “a nation should not be judged by how it treats its highest citizens, but by its lowest ones,” to underscore that the treatment of prisoners is a true measure of justice and democracy.
He reminded delegates that the SADC PF decided in 2024 to develop a SADC Model Law on Prison Oversight to strengthen parliaments’ capacity to monitor and demand accountability over the treatment of people in custody.
“The overarching objective of the Model Law,” he explained, “is to ensure that Parliaments are sufficiently empowered through legal provisions to demand accountability from the government for protecting prisoners’ rights.”
He stressed that prison oversight is a fundamental component of human rights protection, noting that when a person is imprisoned, “the only human right lost is the right to personal liberty. All other human rights are retained.”
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He added, “While incarceration removes the right to liberty, it does not strip individuals of their inherent human dignity and other rights.”
Drawing from Malawi’s experience, Justice Kalembera admitted that while there had been progress, serious challenges persisted.
“We are still grappling with overcrowding, prevalence of contagious diseases, poor diet, lack of medical treatment, among others,” he said.
He noted that Malawi had introduced positive reforms such as “camp courts,” regular judicial visits, and investigations by the Human Rights Commission. However, he cautioned that many prisons across SADC still “fall short in upholding prisoners’ rights.”
“All SADC States must take positive steps to protect the human rights of prisoners. It is not easy. Do you want prisons to be hotels?”
Justice Kalembera underlined that independent oversight of correctional centres was essential for credible and effective monitoring.
“It requires complete functional and institutional separation from prison authorities, as prisoners are highly vulnerable,” he said.
He added that oversight bodies must have unrestricted access to facilities and inmates, independent funding, and control over their own processes.
“Effective oversight requires regular monitoring supported by accurate recording of observations, findings, and recommendations,” he said stressed that inspection visits should form the basis for constructive dialogue with correctional centre administrations.
He noted that the proposed Model Law acknowledges the role of various actors, including visiting justices, human rights institutions, and traditional leaders, in performing oversight functions.
Justice Kalembera observed that many SADC countries already had oversight mechanisms such as Malawi’s Inspectorate of Prisons and South Africa’s Judicial Inspectorate for Correctional Services but questioned their adequacy.
“Are these sufficient? Is the proposed SADC Model Law necessary? Should we just bury our heads in the sand and continue disregarding the human rights of prisoners?” he asked.
He reminded participants that the international human rights framework requires states to report on measures taken to uphold standards and to respond to feedback from treaty monitoring bodies and the Universal Periodic Review (UPR).
He also pointed to the need for special attention to vulnerable subgroups in prisons, including women, children, and infants imprisoned with their mothers, as well as the emerging jurisprudence concerning gender and incarceration.
Justice Kalembera encouraged participants to contribute meaningfully to shaping the new Model Law.
“The consultants will take us through the different proposed parts and provisions,” he said.
He added, “It is expected that we will make constructive contributions and ignore whatever prejudices and preconceived ideas we have. It is about doing good for fellow human beings who, because they were in conflict with the law, find themselves in custody.”
He said the ultimate goal is upholding prisoners’ human rights and dignity; decongesting prisons; ensuring fair treatment; maintaining security through the least restrictive measures; prohibiting ill-treatment; and guaranteeing access to basic necessities, healthcare, nutrition, sanitation, and family contact.
SADC PF secretary-general Boemo Sekgoma said the consultation was one of many steps in the regional effort to craft a SADC Model Law on Prison Oversight, envisioned as a powerful tool for accountability, reform, and the protection of human dignity behind bars.