ZIMBABWE Lawyers for Human Rights (ZLHR) has demanded an explanation from Zimbabwe Prisons and Correctional Service (ZPCS) over the irregular circumstances which led to the release of a convicted rapist from Harare Central Prison under a recent presidential amnesty order.

The 59 year-old Bobby Makaza, who resides in Murehwa in Mashonaland East province, was released from Harare Central Prison on 19 May 2023 under a presidential amnesty declared by President Emmerson Mnangagwa on 12 May 2023.

The presidential amnesty benefitted some inmates, who included convicted sexual offenders after President Mnangagwa gazetted Clemency Order No. 1 of 2023, where he exercised his prerogative of mercy to release some offenders from some jails located across the country in a move hailed by ZPCS as aimed at reducing the prison population.

However, ZLHR lawyers Tinashe Chinopfukutwa and Paidamoyo Saurombe have been tasked by Makaza’s victim to demand a detailed explanation from ZPCS Commissioner-General Moses Chihobvu about the basis upon which Makaza qualified for amnesty and subsequent release from Harare Central Prison in terms of Clemency Order No. 1 of 2023.

Chinopfukutwa and Saurombe told Chihobvu that the 15 year-old minor was raped by Makaza in 2018, who stood trial at Murehwa Magistrates Court in Mashonaland East province on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act and was convicted and sentenced to serve an effective 16 years prison term on 2 April 2019.

The human rights lawyers said in terms of section 12(d) as read with 13(c) of Clemency Order No.1 of 2023, Makaza being an inmate convicted of rape which is a specified offence, was excluded from benefitting from the presidential amnesty.

Chinopfukutwa and Saurombe gave Chihobvu up to Friday 7 July 2023 to respond to their letter.

Source: Zimbabwe Lawyers for Human Rights