Tarisai Machakaire 10 February 2017
HARARE – Human rights lawyers have slammed the failure by Zimbabwe Prisons
and Correctional Services (ZPCS) to transport prisoners to court, saying
the development blatantly breached the constitutional rights of pre-trial
It’s been two weeks since ZPCS has failed to bring suspects held under
their custody to court for continuation of trials or routine remand
proceedings, as its fleet is grounded.
This has clogged the Harare Magistrates’ Courts with an increasing
backlog, as most cases are continuously being postponed.
Witnesses billed to testify have been turned away since last week, with
some complaining bitterly that postponements were wasting their precious
time and resources.
Zimbabwe Lawyers for Human Rights’ project attorney, Jeremiah Bamu, said
failure to bring detainees to court infringed on their right to timely
“What they are doing affects the right to a fair trial within a reasonable
“It also restricts the right to liberty of those granted bail as their
warrants of liberation cannot be processed,” he said.
“Prisons should be allocated more fuel and prioritise taking prisoners to
court,” Bamu said.
“…if possible the courts may have to do special sittings in prison or
the State should consent to more bails and more accused persons must be
removed from remand and proceed by way of summons when ready,” he said.
Human rights lawyer, Obey Shava, said: “This not only affects the
prisoners but the whole system and by now, they should understand that
justice delayed is justice denied.”
“The responsible ministry should not just watch the situation go out of
hand but must impose measures that ensure that the justice system is not
inconvenienced,” he said.
Another lawyer, Kudzai Kadzere, echoed the same sentiments: “One must be
tried as soon as possible so failing to bring prisoners to court violates
the right to a speedy trial.”
Due to the crisis, those convicted from police cells or remanded in
custody are being driven to remand prisons by investigating officers.
ZPCS spokesperson Priscilla Mtembo confirmed that the prisons were
battling a worsening fuel crisis and were unable to transport suspects
“We were waiting for the procurement of fuel and hopefully tomorrow
(today) we expect to resume normal court duties.
“We regret the inconvenience that the situation has created but I can
assure you that everything will be back to normal soon,” she said.