Judgment No CCZ 4/14 7
Const. Application No SC 207/11
It was denied that the cells were unclean as deposed to by the applicants
because, so it was averred, general hands scrub the police cells daily with detergent and
disinfectant during the daily prisoners’ exercise period of thirty minutes and the Officer in
charge arranges for daily inspection of the cells. The court was urged to inspect the cells in
order to ascertain the actual conditions prevailing thereat.
An inspection of three cells was undertaken at the Harare Central Police
Station, the applicants being unsure of the actual cell in which they were detained. It is
common cause that all the cells are structurally standard.
It was apparent that great effort had been made to clean the floors of the
corridors and stairs leading to the cells. There was a heavy smell of floor polish and the court
had to step carefully to avoid falling by reason of the slippery floors.
Of the cells inspected, two were located on the second floor and one on the
first floor.
The structural details differ little from that deposed to in the applicants’
papers. There were six built - in concrete beds in bunk form in each of the cells. In the cell
on the first floor there were six folded blankets lying on one of the built - in concrete beds.
The one shown to the court was torn and frayed but appeared to be clean. There was a toilet
in one corner of each cell in the form of a raised platform in the centre of which was an open
hole. There was a wall approximately one metre high separating the toilet from the rest of the
cell but there was no door. There was a small window about one metre from the ceiling
which let in some measure of light. There was a fluorescent light in the ceiling which,
though dim, was functioning. Directly above each toilet was a tap of running water which
emptied into the toilet hole. There was no toilet paper, no soap, no wash basin, no bathing