Judgment No CCZ 8/16 2
Const. Application No CCZ 48/15
economic constraints. This compounds the psychological stress of knowing that he will
never be released. He notes that Part XX of the Prisons Act [Chapter 7:11] allows for the
release on parole of prisoners on extended imprisonment. However, there is no similar
administrative process in place for prisoners serving life sentences. In any event, the
grant of parole should not be left to executive discretion but should be subjected to
mandatory judicial review after the lapse of 10 years imprisonment.
The applicant accordingly seeks a declaratur that a life sentence imposed without
the possibility of parole amounts to inhuman and degrading treatment and constitutes a
violation of human dignity in breach of ss 51 and 53 of the Constitution. He also seeks a
declaratur that ss 112, 113, 114 and 115 of the Prisons Act contravene s 56 of the
Constitution and that his further incarceration in prison is in breach of his rights under ss
49, 51 and 53 of the Constitution. In the event, he applies for an order requiring the
respondents to release him from prison forthwith.
The first respondent, the Commissioner of Prisons, points to the possibility of
reprieve for life prisoners through presidential pardon or commutation of sentence
available under s 121 of the Prisons Act. He avers that the nature of a life sentence
requires executive rather than judicial review. Although this process is different from
release on parole, there is no discrimination between life prisoners and others because of
the availability of executive reprieve. The Commissioner accepts that prison conditions
in Zimbabwe are not ideal due to current economic hardships. However, they meet the