Source: Prosecutor General orders review of bail, sentences to ease overcrowding in prisons – herald
Yeukai Karengezeka
Herald Correspondent
PROSECUTOR-GENERAL Mrs Loyce Matanda-Moyo has issued a directive to prosecutors across the country to prioritise the decongestion of prisons by revisiting bail conditions and advocating alternative sentencing where appropriate.
In a memo dated January 7, 2026, addressed to all deputy prosecutors-general, chief directors, chief public prosecutors, district public prosecutors and public prosecutors-in-charge, Mrs Matanda-Moyo highlighted overcrowding in Zimbabwean prisons.
She said the current prison population stands at 27 683, which exceeds the holding capacity of 17 800.
“This situation is undesirable. Therefore, all public prosecutors must keep this in mind when handling bail and sentencing,” she stated.
“Only in deserving cases should prosecutors advocate for custodial sentences. Where fines, community service, or other alternative sentences meet the justice of the case, let us promote these alternatives.”
Mrs Matanda-Moyo also stated that 5 970 of the total prison population consists of unconvicted individuals who are still awaiting trial, despite legal principles discouraging pre-trial incarceration.
Speaking at the opening of the legal year at the Harare Supreme Court on Monday, she explained that the directive aims to address the unhealthy and inhumane conditions caused by overcrowding.
“Prisoners have rights that must be respected,” she said. “Many of the incarcerated individuals are there for petty offences or because they cannot afford bail. It makes no sense to overcrowd prisons with such people when alternative conditions can be applied.”
She urged prosecutors to revisit cases where accused persons remain in custody due to an inability to pay bail.
“Prosecutors must bring these cases back before the magistrates and advocate for non-monetary conditions to secure their release,” Mrs Matanda-Moyo said.
She also expressed concern about those remanded for minor offences, such as petty theft, shoplifting, traffic violations, or verbal disputes.
Mrs Matanda-Moyo announced the establishment of fast-track courts to expedite the resolution of such cases.
“For petty offences, bail should be granted as much as possible. Let us avoid unnecessary pre-conviction incarceration. Bail is a right, and our law does not allow for punishment before trial,” she emphasised.
Mrs Matanda-Moyo further clarified that custodial sentences should primarily be reserved for individuals accused of violent crimes, such as murder, armed robbery, and treason.
She instructed that such cases must be brought to trial within six months.
“In instances where trials exceed six months without progress, prosecutors must engage the police to ensure timely submission of dockets. If there is no evidence against the accused, they must be released,” she explained.
Mrs Matanda-Moyo highlighted the critical role of prosecutors in supporting magistrates to make fair rulings.
“Prosecutors must provide magistrates with all relevant information, especially for accused persons who cannot afford monetary bail,” she said.
She also called for leniency in cases involving juvenile offenders, advocating for non-custodial sentences to keep young people out of prison.
The directive emphasises the need for a justice system that balances accountability with fairness.
By addressing prison overcrowding and focusing on rehabilitation over incarceration, the Prosecutor General aims to uphold the rights of the accused while ensuring public safety.
Mrs Matanda-Moyo’s initiative is expected to bring significant relief to Zimbabwe’s strained correctional facilities
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