Zimbabwe’s government has moved to curb severe prison overcrowding by directing prosecutors to prioritise bail, fines and community service over custodial sentences, even as former foreign affairs minister Walter Mzembi has spent more than seven months in pre-trial detention after being denied bail.

In an internal memorandum dated January 7, 2026, Prosecutor General Loice Matanda-Moyo instructed public prosecutors nationwide to actively pursue non-custodial options in response to what she described as an “undesirable” level of congestion in correctional facilities.

According to the memo, Zimbabwe’s prison population stands at 27,683 inmates against an official capacity of 17,800, leaving facilities overcrowded by 9,883 prisoners. Of these, 5,970 are unconvicted accused persons.

Matanda-Moyo emphasised that prolonged pre-trial detention undermines constitutional protections, reminding prosecutors that the law presumes accused persons innocent until proven guilty.

“Our law scoffs at pre-trial incarceration,” she said, adding that detention before trial should only occur in exceptional circumstances and that the state bears the burden of justifying continued incarceration.

The directive orders prosecutors to factor prison overcrowding into bail proceedings and sentencing submissions, stressing that custodial sentences should only be sought in deserving cases. Prosecutors were also told to urgently review bail conditions, particularly where accused persons remain in custody solely because they cannot afford monetary bail.

“If it is clear and apparent that the accused do not afford such sums, there must be alternative conditions to bail in lieu of monetary payments,” Matanda-Moyo said.

She further instructed that accused persons facing petty offences should not be kept in custody and that fast-track courts should be used to expedite non-complex cases likely to attract non-custodial sentences. The memo also reiterates that, except in serious cases or under exceptional circumstances, no accused person should be held for more than six months without trial.

The policy position contrasts sharply with the case of Walter Mzembi, who was arrested on June 13, 2025, shortly after returning to Zimbabwe from a seven-year self-imposed exile.

Mzembi was taken into custody on the basis of outstanding arrest warrants issued in 2018 and 2019 after he failed to appear in court for trial. The charges include allegations of corruption and criminal abuse of office, among them the alleged misappropriation of US$2 million worth of television sets meant for public viewing during the 2010 FIFA World Cup, and the purported misuse of US$1.6 million earmarked for the 2013 United Nations World Tourism Organisation General Assembly hosted by Zimbabwe and Zambia.

Since his arrest, both the magistrates’ court and the High Court have denied him bail, ruling that he remains a flight risk due to his previous prolonged absence from the country. As a result, Mzembi has remained in remand prison for more than seven months without trial.

Concerns have also been raised about his health while in custody. Reports have circulated suggesting he is critically ill and may be experiencing a recurrence of colon cancer, though his family has said he is continuing to endure incarceration.