IN THE CONSTITUTIONAL COURT OF ZIMBABWE HELD AT HARARE
In the matter between:-
OBEDIAH MAKONI APPLICANT
THE COMMISSIONER OF PRISONS & CORRECTIONAL SERVICE 1ST RESPONDENT
THE MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS 2ND RESPONDENT
AMENDED DRAFT ORDER
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.
BY THE JUDGE