8
with me, on the subject of my instant visit in particular and the Commission
in general. Mr. Y. Omerjee, Secretary for Justice, Legal and Parliamentary
Affairs briefed me about the open nature of Zimbabwean prisons especially
its prison regime including efforts being made to sustain a humane penal
system. My understanding of the subject of my study was broadened by
meetings with J. G. Mutabikwa, Mr. Mhiribidi, Director of Social Welfare and
one of his deputies, Mrs. Dhlembeu, who has responsibility for child welfare.
The Deputy Commissioner of Prisons Washington Chimboza and Mr. T.
Mahema, Chief Magistrate contributed in no small measure in this direction.
Generally, non-governmental organisations provide additional perspectives to
matters within their domain, and I found those in Zimbabwe no exception.
Indeed it was my fortune to have found NGOs working in the area of penal
reform. But I am indebted to Mr. Chigwida, Commissioner of Prisons who
scheduled meetings with the NGOs for me at which there were no
government officials. I acknowledge the assistance I had from Samuel
Myanibo and Ernest Maigwara, Chief Executive and President respectively of
Zimbabwe Association for Crime Prevention and Rehabilitation of the
Offender; Peter Mandianike, Executive Director of Prison Fellowship; and
John Reid Rowland, Chief Legal Adviser of Legal Resources Foundation. To
Officials of Harare, Chikurubi and Kadoma Prisons and many others, I
express my gratitude.
Mr. Ahmed Othmani, Chairman of Penal Reform International, relied on his
knowledge of personnel in the penal system of Zimbabwe to set in motion the
planning of my visit, and I am extremely grateful to him.
Charter Basis for Appointment of Special Rapporteur
That prisons in Africa as elsewhere have serious problems was put beyond
dispute by the First All-African Conference On Prison Conditions which was
held in Kampala, Uganda, from 19 to 21 September 1996. Restriction of the
Liberty of the individual and problems arising out of it or related to it are par
excellence human right problems. Studies and research such as a Special
Rapporteur will undertake will contribute towards the solution of the
problems. Therein lies the justification for the appointment to my present
9
office, and Article 45 (1) (a) provides a legal basis, for the creation of the
Office of Special Rapporteur on Prisons and Conditions of Detention:
"The functions of the Commission shall be:
1.
To promote Human and Peoples' Rights and in particular:
(a) To collect documents, undertake studies and researches on
African problems in the field of human and peoples'
rights."
The Prisons
Zimbabwe has 40 (41 by some account) prisons, and "the official holding
capacity of all the prisons ... is 16,000." (E. Mupfiga, Characteristics of
Criminal Offenders in Zimbabwe During 1991 (1993) p 4). A recent amnesty
reduced a prison population of 22,000 to 16,000, but the rising trend of
criminality makes overcrowding an ever present problem for the eleven
million people of Zimbabwe including 4,000 prison officers, 300 of which are
professionals such as doctors, nurses and artisans.
Consistent with a universal trend, female prisoners in Zimbabwe, with their
low figure, have lesser fear of overcrowding. Although females constitute 51%
of the national population, they account for only 5% of the total prison
population.
Indeed, at Kadoma Prisons, a small female section with a holding capacity for
30 had 17 prisoners with 8 officers. However this is to be contrasted with
Chikurubi Female Prison which had 375 inmates although its capacity is 287;
and in 1991, Mupfiga calculated that female offenders admitted into prisons
represented 8.6 of total admission (op. cit. p7). In terms of space, male
prisoners at Kadoma Prisons had more room than planned for: 564 occupied
space constructed for 670. They also had a staff of 160.
As a partial solution to the problem of overcrowding a former military
barracks with a holding capacity of 6000 has been acquired.