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Mnangagwa orders sweeping general amnesty amid prison overcrowding

HARARE

President
Emmerson
Mnangagwa
has
approved
a
sweeping
general
amnesty
for
2026
that
will
see
thousands
of
prisoners
released
or
have
their
sentences
reduced,
in
a
move
that
appears
aimed
at
easing
chronic
overcrowding
in
Zimbabwe’s
prisons.

The
amnesty,
to
be
exercised
under
the
president’s
constitutional
powers
of
mercy,
will
apply
to
wide
categories
of
inmates,
including
all
convicted
female
prisoners,
juveniles,
prisoners
aged
60
and
above,
inmates
with
disabilities,
and
those
certified
as
terminally
ill.

Also
eligible
are
prisoners
serving
effective
sentences
of
48
months
or
less,
inmates
held
at
open
prisons,
and
life-sentenced
prisoners
who
have
served
at
least
20
years.

In
addition,
prisoners
serving
sentences
exceeding
48
months
will
receive
an
extra
remission
of
one
quarter
of
their
effective
term
of
imprisonment.

Despite
its
broad
scope,
the
general
amnesty
will
exclude
prisoners
previously
released
under
amnesty,
those
sentenced
by
a
court
martial,
inmates
with
a
record
of
escaping
from
lawful
custody,
and
offenders
convicted
of
specified
serious
crimes.

Excluded
offences
include
murder,
treason,
rape
and
other
sexual
offences,
carjacking,
robbery
and
armed
robbery,
public
violence,
human
trafficking,
unlawful
possession
of
firearms,
as
well
as
offences
under
the
Electricity
Act,
Postal
and
Telecommunications
Act,
Public
Order
and
Security
laws,
railway
offences
and
copper-related
crimes.

The
announcement
comes
against
the
backdrop
of
a
deepening
crisis
in
correctional
facilities,
which
are
currently
holding
nearly
10,000
inmates
beyond
their
designed
capacity.

The
prison
population
stood
at
27,683
inmates
as
of
early
January,
against
an
official
holding
capacity
of
17,800

an
excess
of
9,883
prisoners.

The
scale
of
congestion
prompted
Prosecutor
General
Loice
Matanda-Moyo
to
issue
a
directive
to
prosecutors
nationwide
urging
them
to
aggressively
pursue
bail,
fines
and
community
service
in
place
of
custodial
sentences.

“This
situation
is
undesirable,”
Matanda-Moyo
said
in
an
internal
memo
dated
January
7,
2026.
“Only
in
deserving
cases
should
prosecutors
advocate
for
custodial
sentences.”

Of
the
total
prison
population,
5,970
inmates
are
unconvicted
accused
persons
awaiting
trial,
a
situation
the
Prosecutor
General
said
undermines
constitutional
protections
guaranteeing
the
presumption
of
innocence.

In
her
directive,
Matanda-Moyo
warned
prosecutors
against
routinely
opposing
bail,
stressing
that
incarceration
before
trial
should
be
the
exception
rather
than
the
rule.

“Our
law
scoffs
at
pre-trial
incarceration,”
she
said.
“An
accused
is
presumed
innocent
until
proven
guilty.”

She
further
ordered
prosecutors
to
revisit
bail
conditions
where
accused
persons
remain
in
custody
solely
because
they
cannot
afford
monetary
bail,
and
to
ensure
that
petty
offenders
are
not
detained
unnecessarily.

Authorities
have
not
disclosed
how
many
inmates
are
expected
to
benefit
from
the
2026
amnesty,
announced
following
a
cabinet
meeting
in
Harare
on
Tuesday.