A man who killed his girlfriend after finding her in bed with another man, is suing government for the life sentence handed him in 1995.
The man slapped with life imprisonment over 20 years ago has approached the Constitutional Court contesting the punishment on the grounds that it is torture, inhuman and degrading treatment which violates the Constitution of Zimbabwe.
Obedia Makoni was given a life sentence in April 1995 for murdering his girlfriend after finding her being intimate with another man.
Through his lawyer, Mr Tendai Biti, Makoni is now seeking an order declaring the life sentence without judicial review or parole unconstitutional.
He wants the court to nullify sections 112 and 115 of the Prisons Act (Chapter 7:11), which he argues contravene sections 51 and 53 of the Constitution of Zimbabwe.
Section 51 provides that every person is entitled to inherent dignity in their private and public lives and the right to have that dignity respected and protected, while Section 53 provides for freedom from torture, cruel and inhuman treatment.
The two sections under the Prisons Act, Makoni argues, are unconstitutional because they deny the right of parole to prisoners and were no longer justified in an open democratic society as envisaged by the Constitution.
“I do not question the right of State to impose life sentence in respect of serious offences,” said Makoni. “It is my respectful contention that imposition of a life sentence that literally means life that is not subject to judicial review or parole amounts to physical, psychological torture or to cruel, inhuman or degrading treatment or punishment. It is therefore unconstitutional.”
Makoni argues that Zimbabwe is a member of the international community and was bound by several conventions and instruments that deal with rights of prisoners.
“It should be bound by a growing amount of jurisprudence on the rights of prisoners,” said Makoni.
“It is my contention that life imprisonment cannot literally mean life. The denial of parole rights to prisoners serving life imprisonment is unconstitutional.”
In the application, Makoni contends that he had been a good and exemplary prisoner who had served 20 years. “I have paid my dues to the society and contend that subjecting me to a further day in prison amounts to cruel and degrading punishment.”
Makoni further argues that life imprisonment robs a prisoner of hope.
“My dignity, my expectations have been crushed,” he said. “And to think that only death will set me free from the walls of Chikurubi is surely unacceptable.”
Makoni has now been granted the position of a senior “prison officer”.
He now performs various duties like the summoning of prisoners with visitors, supervising the preparation of prison meals, hygiene, among others.
His prison garb has the highest rank which can be granted to any prisoner on good behaviour.
Makoni claims in his papers that he is free to roam around Chikurubi without supervision and prison officials have confidence in him.
“Yet despite this good behaviour, I have absolutely no hope of being granted any amnesty or release,” he argues.
The Commissioner of Prisons and Correctional Service, Retired Major General Paradzayi Zimondi and Justice, Legal and Parliamentary Affairs Minister Emmerson Mnangagwa are cited as respondents in the constitutional application.
They are yet to file their responses to the application, which was filed in the Constitutional Court recently.