Applicant's Founding Affidavit 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

 

APPLICANT’S FOUNDING AFFIDAVIT

 

I, OBADIAH MAKONI do hereby make oath and state that:

I am a Zimbabwean, currently serving a life sentence at Chikurubi Maximum Prison.  My Prison Number is 227/11 but my address for the purposes of this action is care of my undersigned legal practitioners of record.

The First Respondent is the Commissioner General of Prisons and Correctional Service, he is appointed as such by the President in terms of Section 6 of the Prisons Act [Chapter 7:11].

The Second Respondent is the Minister of Justice, Legal & Parliamentary Affairs duly appointed as such by the President in terms of Part 5 of the Constitution of Zimbabwe.  He is responsible for the administration of the Prisons Act [Chapter 7:11] and his address of service is care of Block B, New Government Complex, Central Avenue, Harare.

I was born on the 17th of April 1975.  In 1995 when I was an immature 19 year old boy, I was convicted in the High Court of Harare, for the murder of a young woman and was convicted by the judgment of Justice Malaba sitting at Harare.

As a result of serious extenuating circumstances I was sentenced to life imprisonment. 

The crime I committed was a crime of passion committed after I had found my girlfriend in flagranto with another person.

I deeply regret the offence and I have offered apologies to the family of the deceased and to the State.

I have been in prison since 1995 and I have served a period in excess of 20 years.

For a long time I have been at Khami Prison where “I served with distinction” before being transferred to Chikurubi Prison where I am currently being incarcerated.

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