humane penal system. My understanding of the subject of my study was broadened by
meetings with J. G. Mutombikwa; Mr. Mhiribidi, Director of Social Welfare and one of his
deputies Mrs. Dhiembeu who has responsibility for child welfare. The Deputy Commissioner
of Prisons, Washington Chimbeza and Mr. T. Mahema, Chief Magistrate contributed in no
small measure in this direction.
Generally non-governmental organisations provide additional perspectives to matters within
their domain, and I found those in Zimbabwe no exception. Indeed it was my fortune to have
found NGOs working in the area of penal reform. But I am indebted to Mr. Chigwida,
Commissioner of Prisons, who scheduled meetings with the NGOs for me at which there were
no government. I acknowledge the assistance I had from Samuel Myanibo and Ernest
Maigwara, Chief Executive and President respectively of Zimbabwe Association for Crime
Prevention and Rehabilitation of the Offender; Peter Mandianike, Executive Director of Prison
Fellowship; and John Reid Rowland, Chief Legal Adviser of Legal Resources Foundation. To
Officials of Harare, Chikurubi and Kadama Prisons and many others I express my gratitude.
Mr. Ahmed Othmani, Chairman of Penal Reform relied on his knowledge of personnel in the
penal system in Zimbabwe to set in motion the planning of my visit, and I am extremely
grateful to him.
Charter Basis for Appointment of Special Rapporteur
That prisons in Africa as elsewhere have serious problems was put beyond dispute by the First
All-African Conference on Prison Conditions which was held in Kampala, Uganda from 19 to
21 September 1996. Restriction of the Liberty of the individual and problems arising out of it
or related to it are par excellence human rights problems. Studies and researchers such as a
Special Rapporteur will undertake, will contribute towards the solution of the problems.
Therein lies the justification for the appointment to my present office, and Article 45.1 (a)
provides a legal basis, for the creation of the Office of Special Rapporteur on Prisons and
Conditions of Detention:
"The functions of the Commission shall be:
1. To promote Human and Peoples' Rights and in particular: (a) To collect documents,
undertake studies and researches on African problems in the field of human and peoples'
rights."
The Prisons
Zimbabwe has 40 prisons, and "the official holding capacity of all the prisons is 16, 000" (E.
Mupfiga, Characteristics of Criminal Offenders in Zimbabwe During 1991 (1993) p. 4). A
recent amnesty reduced a prison population of 22,000 to 16,000, but the rising trend of
criminality makes overcrowding an ever present problem for the 11 million people of
Zimbabwe including 4,000 prison officers 300 of which are professionals such as doctors,
nurses and artisans.
Consistent with a universal trend, female prisoners in Zimbabwe with their low figure have