Makaza released on grounds of age and need to deco...

Makaza released on grounds of age and need to decongest jails

Zim Now Writer

The Zimbabwe Lawyers for Human Rights said the Zimbabwe Prisons and Correctional Services have justified the release of convicted rapist, Bobby Makaza from prison under a recent presidential amnesty order, citing his age and the need to decongest the prison population.

This comes after ZLHR lawyers, Tinashe Chinopfukutwa and Paida Saurombe had asked the High Court to declare as unlawful ZPCS’s decision to release Makaza from prison after he was convicted in 2019 and having just served some few years of his prison sentence.

Chinopfukutwa and Saurombe said in terms of section 12(d) as read with 13(c) of Clemency Order No.1 of 2023, Makaza being an inmate convicted of rape which is a specified offence, was excluded from benefitting from the presidential amnesty.

According to ZLHR, ZPCS Acting Commissioner-General Shepherd Mpofu argued Makaza was not wrongly released from prison but was correctly set free following a thorough assessment of his identity and age.

“In his opposing affidavit, Mpofu argued that by the time that Makaza was released from prison, he had attained his 60th birthday on January 25, 2023 and by the effective date of Clemency Order Number 1 of 2023, which was gazetted by President Mnangagwa on May 12, 2023 and which authorised his release and those of other inmates from prisons across Zimbabwe, he was 3 months, 7 days and 6 hours older than his 60th birthday.

“Therefore, he was a deserving candidate for release and entitled to full remission of sentence for prisoners aged 60 years and above,” Comm-General Mpofu said.

The ZPCS boss argued that at the time of the promulgation of Clemency Order 1 of 2023, Makaza had served one tenth of his sentence which amounted to 19 months and 7 days by September 9, 2022.

He stated that the minor’s parents must not be aggrieved by the release from prison of Makaza on the strength of Clemency Order Number 1 of 2023 as this was promulgated in terms of the law and ought to be respected by every law-abiding citizen of Zimbabwe and that President Mnangagwa is not obliged to consult victims for purposes of promulgating a Clemency Order.

Mpofu said the minor and her parents need professional counselling in order to understand the essence of the crime, conviction, sentence and release of Makaza.

He stated that his release from prison was primarily based on Clemency Order Number 1 of 2023 in which full remission of sentence was granted to prisoners with 60 years and above regardless of offence save for those who were sentenced to life imprisonment, death, or those convicted of public violence.

The matter is yet to be set down for hearing.

Makaza, who resides in Murehwa in Mashonaland East province, was released from Harare Central Prison on May 19, 2023 under a presidential amnesty declared by President Emmerson Mnangagwa on May 12, 2023.

This saw the minor’s parents engaging and tasking ZLHR lawyers to file an application at Harare High Court on July 14, 2023 seeking an order for the issuance of a warrant of arrest for Makaza after arguing that he was unlawfully and irregularly released from prison.