Judgment No CCZ 8/16 9
Const. Application No CCZ 48/15
unreviewable. If anything, the punishment becomes greater with time: the longer
the prisoner lives, the longer his sentence. Thus, even when a whole life sentence
is condign punishment at the time of its imposition, with the passage of time it
becomes – to paraphrase Lord Justice Laws in Wellington – a poor guarantee of
just and proportionate punishment. …….. .
Indeed, there is also now clear support in European and international law for the
principle that all prisoners, including those serving life sentences, be offered the
possibility of rehabilitation and the prospect of release if that rehabilitation is
achieved.”
A comparative survey of international law further fortifies the point that
penological theory has evolved from sentencing as a tool of retribution to one of
rehabilitation and the re-socialisation of prisoners. Thus, Article 10 of the International
Covenant on Civil and Political Rights (1976), in its relevant portions, declares that:
“1. All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.
2. ……………………
3. The penitentiary system shall comprise treatment of prisoners the essential aim
of which shall be their reformation and social rehabilitation. …….. .”
This position is echoed by the United Nations Human Rights Committee in CCPR
General Comment No. 21 (1992) relative to Article 10:
“No penitentiary system should be only retributory; it should essentially seek the
reformation and social rehabilitation of the prisoner.”
The International Covenant on Civil and Political Rights (1976) as well as its
counterpart International Covenant on Economic, Social and Cultural Rights (1976) were
both acceded to by Zimbabwe in May 1991. This was after the introduction, through s 17
of Act No. 23 of 1987, of s 111B(1)(a) of the former Constitution which rendered any
treaty or international convention concluded by the Executive subject to parliamentary
approval.
However, this requirement of parliamentary approval was specifically