young offenders does not compromise one’s right to be presumed
innocent33.
Judicial Measures
6.15. As alluded to above the laws of Zimbabwe prohibit the detention
of accused persons in police cells for more than 48 hours. This
principle was confirmed by the High Court in the case of S v
Panganai Daveson Madondo and Anor34wherein the court acquo
held that the detention of an accused person in excess of 48 hours
is a violation of the Constitution and therefore illegal.
Challenges
6.16. Whilst the right to liberty and security of the person is recognised
in Zimbabwe, the country is facing the following challenges in its
endeavour to fully protect and promote the same:
a. Shortage of resources hinders the full rehabilitation and smooth
re-integration of child offenders
b. Rejection of ex-prisoners by the society thereby affecting their
security and re- integration.
c. The security of the society is compromised in some cases by
the release of ex-prisoners on amnesty since some of them
have the propensity of re-offending.
d. Limited resources to scale up the open prison system.
Responses
6.17. In order to address the challenges that have been identified:
a. Government in conjunction with developmental partners is
working on the effective rehabilitation and re-integration of
offenders into society.
b. Inmates receive moral, spiritual and material support from faith
based and other organisations.
33
Recommendation 29 (g) (Concluding observations)
34
HH 512/15
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