Prosecutors were instructed to:
- Grant bail in petty cases
- Review bail amounts to ensure they are affordable
- Use fast-track courts for non-complex matters
- Ensure no accused person is detained for more than six months without trial except in serious cases
Nearly 6 000 people currently sitting in Zimbabwean prisons have not been convicted of any crime and are therefore presumed innocent.
The revelation is contained in a leaked internal memorandum issued on 7 January 2026 by Prosecutor-General Justice Loice Matanda-Moyo, instructing all prosecutors to urgently reduce the use of pre-trial detention and custodial sentences, as the country’s prisons have almost 10 000 people more than their holding capacity.
Official figures from the National Prosecuting Authority show that Zimbabwe is holding 27 683 inmates in facilities built for only 17 800 people, leaving prisons overcrowded by 9 883 inmates. Of these, 5 970 are accused persons, detained while waiting for their cases to be heard.
The Prosecutor-General’s memo describes Zimbabwe’s prison overcrowding as “undesirable” and orders prosecutors to actively pursue alternatives to incarceration.
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The move is aimed at reducing pressure on the prison system while restoring constitutional protections around liberty and fair trial.
The memo reminded the prosecutors that under Zimbabwean law, an accused person is entitled to bail unless the state can prove compelling reasons for detention. Pre-trial incarceration is meant to be exceptional.
High-profile cases have drawn attention to the problem:
The former tourism minister and G40 kingpin is in custody, with his next court appearance almost six months away. Opposition politician Job Sikhala spent more than a year in pre-trial detention before being granted bail. ZANU-PF-linked tenderpreneurs Moses Mpofu and Mike Chimombe remained in custody for long periods while investigations went on. Politically exposed Neville Mutsvangwa also went for a prolonged remand in custody before finally being released on bail.
For many ordinary Zimbabweans without lawyers on speed dial or media attention, pre-trial detention has become a de facto conviction and sentencing. Foreigners have also repeatedly raised concern with arbitrary arrests and detention, which have continued even after the High Court ruled the actions of immigration authorities as cruel and inhuman and having no constitutional basis.
Legal experts say prolonged pretrial detention creates a dangerous pressure point for corruption as fear of remand prison becomes leverage.
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