Judgment No CCZ 8/16 1
Const. Application No CCZ 48/15
REPORTABLE (5)
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OBEDIAH
(2)
MAKONI
v
(1) COMMISSIONER
OF
PRISONS
MINISTER OF JUSTICE LEGAL & PARLIAMENTARY
AFFAIRS
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, GWAUNZA JCC, GARWE JCC,
HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC,
BHUNU JCC, UCHENA JCC, CHITAKUNYE AJCC
HARARE, JANUARY 27 & JULY 13, 2016
T. Biti, for the applicant
M. Chimombe, for the respondents
PATEL JCC:
his girlfriend.
The applicant in this matter was convicted of the murder of
Because of extenuating circumstances, he was sentenced to life
imprisonment. He was aged 19 at the time of his conviction and has been in gaol since
1995 for almost 21 years. The gravamen of his application is that life imprisonment
without the possibility of judicial review or parole is unconstitutional.
The applicant avers that his dignity and expectations have been crushed. Despite
his excellent behaviour whilst in prison, which behaviour is acknowledged and conceded
by the respondents, he has absolutely no hope of any amnesty or release from prison. He
further avers that the conditions in Zimbabwean prisons are horrendous due to prevailing