Judgment No CCZ 8/16 28 Const. Application No CCZ 48/15 amounts to cruel, inhuman or degrading treatment or punishment in breach of sections 51 and 53 of the Constitution. 2. The provisions of Part XX of the Prisons Act [Chapter 7:11], to the extent that they exclude prisoners sentenced to imprisonment for life from the parole or release on licence process, contravene the right to equal protection and benefit of the law under section 56(1) of the Constitution. 3. Subject to paragraph 4 below, the further incarceration of the applicant amounts to a breach of his right to human dignity, right to protection against cruel, inhuman or degrading treatment or punishment and right to equal protection and benefit of the law under sections 51, 53 and 56(1) of the Constitution. It is accordingly ordered that: 4. Pending the enactment of legislation amending the provisions of Part XX of the Prisons Act [Chapter 7:11] so as to conform with the right to equal protection and benefit of the law under section 56(1) of the Constitution, the respondents shall apply those provisions, mutatis mutandis, to every prisoner sentenced to imprisonment for life, including the applicant. CHIDYAUSIKU CJ: I agree. GWAUNZA JCC: I agree.

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