by Innocent Mujeri

The Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services, Nick Mangwana, has allayed fears that had initially gripped the nation when Government announced its plans to pardon thousands of prisoners, by informing the nation that the proposed general amnesty is not applicable to hard-core criminals, The Harare Post can report.

Taking to his micro-blogging site, Mangwana clarified that prisoners incarcerated for murder, treason, rape or any sexual offenses, carjacking, robbery, stock theft and public violence would not qualify for the Presidential Amnesty, dispelling fears, that the hard-core criminals such as the infamous machete gangs were set to be readmitted into the society because of the amnesty.

Zimbabweans can now be assured that their lives will not be exposed to any dangerous criminal elements when the amnesty is effected since only those with minor offences, the sick and the old will be set free.

Citizens who spoke to this publication applauded government’s decision of keeping rogue elements behind bars.

One Plaxedes Mudyiwa of Hatfield said she felt relieved after learning that those incarcerated for serious crimes such as rape are not going to be pardoned.

“My niece was raped in 2014 and the rapist, who is a relative was jailed for 17 years. We were initially afraid when we learnt that prisoners are going to be pardoned. But when we learnt that those jailed for rape and other serious crimes will not be pardoned, we felt relieved as we don’t want to see the man who raped my niece again,” said Mudyiwa.

Tinotenda Amos of Dzivarasekwa said violent people such as machete gangs must remain behind bars and applauded government for pardoning those jailed for low level crimes.

Mbuya Masawi of Mbare said she was initially struck with fear when she learnt that prisoners are going to be released from jail. She only released a sigh of relief when she learnt that hardcore criminals will remain in jail.

The proposed general amnesty is a welcome development as it will ease the burden on the national coffers. The country is currently committing thousands of dollars towards prison upkeep and prisoners’ welfare.

Furthermore, the general amnesty is a clear sign that the New Dispensation doesn’t view prisons as places to punish offenders but they regard prisons as rehabilitation centres where prisoners are morally reconfigured for readmission into society.

This is not the first time the President has pardoned prisoners in the New Dispensation, the first time was in 2018, where 3 000 prisoners were pardoned under Presidential mercy.

Previously, beneficiaries of the general amnesty included women (excluding those imposed with death penalty), juveniles, the disabled, those above 60 years of age who would have served a third of their sentence, the terminally ill and prisoners who have served at least a quarter of their sentence.

The Zimbabwean constitution empowers the President to pardon or reduce sentences of prisoners.

Section 112 (1) of the constitution titled Power of mercy reads as follows; The President, after consultation with the Cabinet, may exercise the power of mercy, that is to say, may-   a) grant a pardon to any person concerned in or convicted of an offence against any law;   b) grant a respite from the execution of a sentence for any offence for an indefinite or specified period;   c) substitute a less severe punishment for that imposed for any offence; or   d) suspend for a specified period or remit the whole or part of a sentence for any offence or any forfeiture imposed in respect of any offence; and may impose conditions on any such pardon, respite, substitution or suspension.

President Mnangagwa’s Presidential mercy is non-partisan, in 2018 Yvonne Musarurwa, the then Movement for Democratic Change (MDC) youth deputy secretary was among the pardoned.  She was serving a 20-year jail sentence for the murder of Inspector Petros Mutedza in May 2011.

The date for the release of prisoners and categories of prisoners who qualify for the amnesty will soon be published in the Government Gazette once President Mnangagwa has approved it as enshrined in Section 112 (3) of the constitution which states that the grant of a pardon or respite from execution of sentence or the substitution or suspension of a sentence must be published in the Gazette.