HARARE
–
Zimbabwe’s
prisons
are
holding
nearly
10,000
inmates
beyond
their
designed
capacity,
prompting
Prosecutor
General
Loice
Matanda-Moyo
to
issue
a
sweeping
directive
urging
prosecutors
to
aggressively
pursue
bail,
fines
and
community
service
instead
of
custodial
sentences.
In
an
internal
memo
dated
January
7,
2026,
seen
by
ZimLive,
Matanda-Moyo
revealed
that
the
country’s
prison
population
stands
at
27,683
inmates
against
an
official
holding
capacity
of
17,800,
leaving
facilities
overcrowded
by
9,883
prisoners.
“This
situation
is
undesirable,”
Matanda-Moyo
said,
ordering
all
public
prosecutors
to
factor
overcrowding
into
bail
proceedings
and
sentencing
submissions.
“Only
in
deserving
cases
should
prosecutors
advocate
for
custodial
sentences.”
The
memo,
addressed
to
prosecutors
nationwide,
lays
bare
the
scale
of
congestion
within
correctional
facilities
and
places
particular
emphasis
on
the
high
number
of
detainees
who
have
not
been
convicted.
Of
the
total
prison
population,
5,970
are
unconvicted
accused
persons,
a
reality
the
Prosecutor
General
said
flies
in
the
face
of
constitutional
protections.
“Our
law
scoffs
at
pre-trial
incarceration,”
Matanda-Moyo
said.
“An
accused
is
presumed
innocent
until
proven
guilty.
Generally,
it
is
undesirable
for
an
unconvicted
person
to
be
denied
his
or
her
liberty
except
in
exceptional
circumstances.”
She
reminded
prosecutors
that
detention
before
trial
is
not
automatic,
stressing
that
the
state
carries
the
burden
of
justifying
continued
incarceration.
“In
terms
of
the
law,
an
accused
is
entitled
to
bail
unless
the
court
finds
that
it
is
in
the
interest
of
justice
that
accused
be
detained
in
custody
pending
trial,”
she
said.
“A
prosecutor
cannot
simply
without
any
justification
submit
for
detention
of
an
accused
person
in
custody.”
The
directive
orders
prosecutors
to
urgently
revisit
bail
conditions,
particularly
where
accused
persons
remain
behind
bars
because
they
cannot
afford
monetary
bail.
“If
it
is
clear
and
apparent
that
accused
do
not
afford
such
sums,
there
must
be
alternative
conditions
to
bail
in
lieu
of
monetary
payments,”
Matanda-Moyo
said.
She
further
instructed
that
accused
persons
facing
petty
offences
should
not
be
kept
in
custody.
“All
accused
remanded
in
custody
facing
petty
offences
must
be
admitted
to
bail
on
appropriate
conditions,”
the
memo
reads.
To
ease
pressure
on
overcrowded
prisons,
prosecutors
have
also
been
directed
to
make
use
of
fast-track
courts
to
speed
up
non-complex
cases
likely
to
attract
non-custodial
sentences,
and
to
ensure
that
no
accused
person
is
detained
for
more
than
six
months
without
trial,
except
in
serious
cases
or
under
exceptional
circumstances.