Judgment No CCZ 8/16 25
Const. Application No CCZ 48/15
suspending conditionally or unconditionally the declaration of invalidity
for any period to allow the competent authority to correct the defect.”
I take the view that it would be just and equitable, in the circumstances of this
case, to invoke and apply the wide discretion allowed by this provision in order to
address and appropriately modify the declaratory and consequential relief sought by the
applicant.
Breach of Applicant’s Rights
Without delving into the details of the specific conditions to which the applicant
has been subjected at Chikurubi Prison, I have no doubt that they are, euphemistically
speaking, far from ideal. Moreover, it is not in dispute that they have been exacerbated
by the prevailing economic constraints that bedevil the Prisons and Correctional Service
in its operations throughout the country. Be that as it may, it seems to me that the more
critical feature to be considered in casu is not so much the physical fact of imprisonment
per se, a condition that is common to every prisoner, as much as the effects of irreducible
incarceration on the emotions and psyche of a life prisoner.
In the instant case, the applicant’s assertions as to the acute angst that he
continues to endure are uncontroverted and the sheer hopelessness of his mind-set cannot
be denied. It must be accepted as being truly reflective of the highly deleterious impact
of indeterminate imprisonment on his emotional and psychological well-being. Having
regard to the conclusions arrived at earlier vis-à-vis whole life prisoners, I am satisfied
that the further incarceration of the applicant, without consideration for parole and the
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