Judgment No CCZ 8/16 3 Const. Application No CCZ 48/15 requisite needs of prisoner correction and rehabilitation. At any rate, poor prison conditions cannot be relied upon to escape criminal liability. The second respondent is the Vice-President who is also responsible for the administration of justice, legal and parliamentary affairs. He refers to s 112 of the Constitution which empowers the President to grant pardons or vary life sentences. He avers that this provision affords the applicant the hope of release from prison and that, therefore, there is no violation of his constitutional rights. The alternative of parole for life prisoners would serve to trivialise the heinous crimes which they have committed and which society abhors. He further contends that the judiciary cannot arrogate to itself the power to review life sentences without legislative authority to do so. In response, the applicant invokes s 227(1) of the Constitution which calls for the rehabilitation of offenders and their reintegration into society. This overrides the concurrent objectives of retribution and deterrence which have now become secondary in penological theory. As regards the available options of executive reprieve, he accepts that the process of parole under the Prisons Act is reviewable. However, the refusal of executive pardon under the Constitution is not justiciable. This remedy is subject to executive whim and is therefore inadequate. Moreover, it is not effectively utilised in practice. Lastly, the applicant avers that this Court is the legitimate constitutional watchdog and does not require executive or legislative authority in order to adjudicate in the interests of justice.

Select target paragraph3