Amended Draft Order in Makoni v The Commissioner of Prisons and Another

IN THE CONSTITUTIONAL COURT OF ZIMBABWE  HELD AT HARARE

In the matter between:-

OBEDIAH MAKONI                                                                        APPLICANT

AND

THE COMMISSIONER OF PRISONS & CORRECTIONAL SERVICE            1ST RESPONDENT

THE MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS        2ND RESPONDENT

 

AMENDED DRAFT ORDER

AT HARARE

 

Before the Honourable Mr/Mrs Justice

                                    for the Applicant

                                    for the Respondents

 

WHEREUPON after reading papers filed of record and hearing Counsel:

 

IT IS DECLARED THAT:

A life sentence imposed on convicted prisoner without the possibility of parole, amounts to inhuman in degrading treatment in breach of Section 53 of the Constitution of Zimbabwe.

A life sentence imposed on convicted prisoner without the possibility of parole violates the protection for human dignity under Section 51 of the Constitution of Zimbabwe.

Part XX of the Prisons Act, in particular Section 112, 113, 114 and 115 of the Prisons Act [Chapter 7:11] are unconstitutional to the extent that they deny a prisoner serving life sentence the right of parole in contravention of Section 56 of the Constitution of Zimbabwe.

Subjecting the Applicant to further incarceration, in prison amounts to a breach of his rights in terms of Sections 49, 51 and 53 of the Constitution of Zimbabwe.

AND IT IS ORDERED THAT:

The Respondents must forthwith release the Applicant from prison.  

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BY THE JUDGE

 

 

_______________

REGISTRAR

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