Zimbabwe
Prisons Act
Chapter 7:11
- Published in Government Gazette
- Commenced on 23 April 1956
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title
This Act may be cited as the Prisons Act [Chapter 7:11].2. Interpretation
In this Act—“commissioned officer” means a prison officer of one of the ranks referred to in subsection (2) of section five;“Commissioner-General” means the Commissioner-General of Prisons and Correctional Service appointed in terms of section 229(1) of the Constitution;“convicted prisoner” means any prisoner under sentence of a court or court martial;“Deputy Commissioner” means a Deputy Commissioner of Prisons and Correctional Service referred to in section 5(1)(b);“extended imprisonment” means extended imprisonment imposed in terms of section 346 of the Criminal Procedure and Evidence Act [Chapter 9:07];“mechanical restraint” means restraint by the use of hand-cuffs, leg irons, strait-jacket or any other form of restraint approved by the Minister;“medical officer” means a medical officer appointed or nominated under section thirty-six;“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may from time to time assign the administration of this Act;“non-commissioned officer” means a prison officer other than a commissioned officer;“officer in charge” means the person appointed to be in charge of a prison under section twenty-four;“official visitor” means a person appointed as such under section forty-eight;“penal diet” means a punishment diet prescribed as a penal diet;“periodical imprisonment” means periodical imprisonment imposed in terms of section 345 of the Criminal Procedure and Evidence Act [Chapter 9:07];“prison” means any building or place declared to be a prison and includes a temporary prison established under section four;“prison officer” means any officer of the Service and includes—(a)the Commissioner; and(b)every Deputy Commissioner; and(c)any officer seconded to the Service;“prisoner” means any person, whether convicted or not, under detention in any prison;“Prisons and Correctional Service Commission” means the Prisons and Correctional Service Commission established by section 230 of the Constitution and “Commission” shall be construed accordingly;“prohibited article” means any article which is not issued to any prisoner by authority of the officer in charge, with the approval of the Commissioner or in accordance with this Act;“reduced diet” means a punishment diet prescribed as a reduced diet;“Service” means the Prisons and Correctional Service established by section 229(1) of the Constitution;“unconvicted prisoner” means any person, not being a convicted prisoner, duly committed to custody under a writ, warrant or order of any court or any order of detention issued by any person authorized thereto by any enactment or by order of a court martial;“visiting justice” means a visiting justice appointed under section forty-five;“weapon” means any firearm, baton or tear smoke or such other instrument as may be prescribed;“young prisoner” means a prisoner under the apparent age of nineteen years and may, at the discretion of an officer in charge, include a prisoner whose apparent age does not exceed twenty years.[section amended by Act 3 of 2016]Part II – Establishment of prisons
3. Establishment of prisons
The Minister may declare any building or place in Zimbabwe to be a prison under this Act and may declare that any such prison shall cease to be a prison.4. Temporary prisons
Such provision shall be made as the Commissioner may direct for the shelter and safe custody in temporary prisons of such number of prisoners as the Commissioner may determine and every such temporary prison shall be deemed to be a prison for the purposes of this Act.Part III – Prisons and Correctional Service and appointment of prison officers
5. Composition and ranks of Prisons and Correctional Service
6. Appointment of Commissioner-General
7. Terms and conditions of service of Commissioner-General
8. Removal from office of Commissioner-General
The Commissioner-General may be removed from office by the President for any reason after consultation with the Minister, and the President shall cause Parliament to be informed as soon as is practicable of any such removal.9. Appointment and removal of prison officers
10. Liberty to resign
11. Appointment of committee of inquiry
Whenever the Minister considers it necessary or desirable, he may appoint a committee to inquire into and make recommendations and additionally, or alternatively, to report to him, on any matter relating to either or both the following—Part IV – Prisons and Correctional Service Commission
12. Term of office of members of Prisons and Correctional Service Commission
13. Resignation of members of Prisons and Correctional Service Commission
14. Conditions of service of members of Prisons and Correctional Service Commission
15. Functions of Prisons and Correctional Service Commission
16. Procedure of Prisons and Correctional Service Commission
The Prisons and Correctional Service Commission shall meet as often as is necessary for the discharge of its business and may adjourn, close and otherwise regulate its meetings as it thinks fit.17. Staff of Prisons and Correctional Service Commission
The Minister, in consultation with the Public Service Commission, may second to the Prisons and Correctional Service Commission such members of the Public Service as may be necessary for the exercise of the Prisons and Correctional Service Commission’s functions.18. Reports of Prisons and Correctional Service Commission
19. Validity of acts and decisions of Prisons and Correctional Service Commission
No decision or act of the Prisons and Correctional Service Commission or act done under the authority of the Prisons and Correctional Service Commission shall be invalid solely because—Part V – Powers and duties of prison officers
20. Control of prisons and of Service vested in Commissioner
Subject to this Act and any general directions of policy that the Minister may give him, the Commissioner shall have the administrative command, superintendence, control and direction of prisons and of the Service.21. Standing orders
22. Delegation of functions of Commissioner
23. Policy directions by Minister
The Minister may give the Commissioner, in writing, such general directions of policy as he considers necessary in the public interest relating to—24. Appointment of officers in charge of prisons
25. Officer in charge of prison to supervise and control prison
Every officer in charge shall supervise and control all matters in connection with the prison to which he is appointed and shall be responsible to the Commissioner for the conduct and treatment of prison officers and prisoners under his control and for the due observance by prison officers and prisoners of this Act.26. Powers and duties of prison officers
27. Prison officers always liable for duty
Every prison officer shall be deemed to be available for duty at all times and may at any time be detailed for duty in any part of Zimbabwe.28. Prison officers and prohibited activities
29. Punishment by subordinate officers
No prison officer shall punish a prisoner unless lawfully ordered so to do by the Commissioner or by an officer in charge.30. Use of weapons by prison officers
31. Prison officers’ power of arrest
For the purpose of arresting any person who may have escaped from lawful custody, every prison officer shall have the power to arrest such person and to convey him to a prison.32. Prison officers’ visits to cells
33. Power to take photographs and finger-prints of prisoners
An officer in charge may cause statistics as to height, weight and measurements and photographs, fingerprints, hand-prints and footprints of any prisoner to be taken by any person whom he may designate for such purpose, and shall make such records as the Commissioner may determine.34. Immunity for act done under authority of warrant
Where the defence to any suit instituted against a prison officer is that the act complained of was done in obedience to a warrant purporting to be issued by a judge, magistrate or justice of the peace, the court shall, upon production of the warrant containing the signature of the judge, magistrate or justice of the peace and upon proof that the act complained of was done in obedience to such warrant in good faith and without negligence, enter judgment in favour of such prison officer.35. Proof of signature not required
No proof of the signature of such judge, magistrate or justice of the peace as is mentioned in section thirty-four shall be required unless the court has reason to doubt the genuineness thereof and, where such signature is proved not to be genuine, judgment shall nevertheless be given in favour of such prison officer if it be proved that, at the time the act complained of was committed, he believed on reasonable grounds that such signature was genuine.Part VI – Appointment and duties of medical officers
36. Medical officers
37. Duties of medical officers
Subject to section twenty-five, the medical officer shall have the general care of the health of prisoners and shall visit the prison daily where practicable or when called upon by the officer in charge.38. Medical inspection
39. Observation of prisoners charged with capital offence
The medical officer shall observe the mental condition of all prisoners under sentence of death or charged with a capital offence and, for that purpose, shall personally examine all such prisoners on every day on which he visits the prison, and shall furnish reports on such prisoners to the officer in charge in such form and at such times as may be prescribed.40. Examination of prisoners in solitary confinement or in hospital
The medical officer shall ensure that every prisoner under sentence of death or charged with a capital offence or in solitary confinement or in hospital, is medically examined every day on which the medical officer visits the prison.41. Officer in charge empowered to order prisoner to be examined
An officer in charge may order any prisoner to submit himself to medical examination as often as such officer thinks necessary.42. Death of prisoner
The medical officer shall, on the death of any prisoner otherwise than by lawful execution, record in a register to be kept for such purpose the following particulars, so far as they can be ascertained—43. Notification of death of prisoner
Upon the death of a prisoner, the officer in charge shall at once notify a magistrate and the medical officer of the prison and shall arrange for compliance with the law relating to inquests.Part VII – Official visitors, visiting justices, ministers of religion and prisoners' aid societies
44. Vice-President, Judges, Ministers and Deputy Ministers may visit prisons
A Vice-President and any—45. Magistrates to be visiting justices in own areas
Magistrates shall be visiting justices of the prisons situated in the area in which they normally exercise jurisdiction.46. Powers of visiting justices
47. Visiting justice to record visit in prescribed book
On completion of each visit a visiting justice shall enter in a book to be kept for such purpose such remarks, suggestions or recommendations for the information of the Commissioner as he may consider fit:Provided that a visiting justice may make any such remarks, suggestions or recommendations in a written report if—48. Appointment of official visitors
The Minister may appoint official visitors to any prison or section of a prison, either generally or for such purposes as the Minister may specify.49. Functions of official visitors
50. Official visitors to record visit in prescribed book
On completion of each visit an official visitor shall enter in a book to be kept for such purposes such remarks, suggestions or recommendations for the information of the Commissioner as he may consider fit:Provided that an official visitor may make any such remarks, suggestions or recommendations in a written report if—51. Ministers of religion may visit prison
Ministers of religion or other accredited representatives of any religious body recognized by the Minister whose visits are approved by the Commissioner may, at such hours and in such places as may be prescribed or as the officer in charge may permit—52. Visits of probation officers and representatives of prisoners’ aid society
A probation officer appointed as such under any enactment or a representative of a prisoners’ aid society who has obtained the written permission of the Commissioner may be admitted to any prison at times to be arranged by the officer in charge.Part VIII – Desertion and mutiny
53. Desertion
Any prison officer who absents himself from duty without reasonable cause for a period exceeding twenty-one days shall be deemed to be a deserter and shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[section amended by section 4 of Act 22/2001]54. Deserter may be apprehended by prison officer or police officer
Any prison officer or police officer who has reason to believe that any prison officer has deserted from the Service may apprehend him and—55. Penalty for inciting prison officer to desert
Any person who by any means, directly or indirectly—56. Penalty for mutiny or sedition
Any prison officer who mutinies and any prison officer or other person who, directly or indirectly, instigates, commands, counsels or solicits any mutiny or sedition amongst any prison officers or prisoners or disobedience to any lawful command given by any prison officer, or who attempts to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[section amended by section 4 of Act 22/2001]Part IX – Admission and confinement of prisoners
57. Admission of prisoners
58. Admission of infant child with female prisoner
Subject to such conditions as may be specified by the Commissioner, any unweaned infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at the public expense:Provided that, when such child has been weaned, the officer in charge, on being satisfied that there are relatives or friends of the child able and willing to support it, shall cause such child to be handed over to such relatives or friends or, if he is not so satisfied, shall hand such child over to the care of such welfare authority as may be approved for the purpose by the Commissioner.59. Particulars of prisoners to be recorded
Upon the admission to prison of any person, the officer in charge shall cause to be recorded such particulars regarding such person as may be prescribed.60. Search of prisoners
Every prisoner, male or female, shall be searched on admission, and at such times subsequently as may be prescribed, by a prison officer of his or her own sex, but not in the presence of a person of the opposite sex, and all prohibited articles taken from him or her, and the search shall be conducted with strict regard to decency.61. Money and other effects of prisoners to be kept in custody of officer in charge
62. Moneys on prisoner may be appropriated to payment of fine
Notwithstanding section sixty-one, if any person who, having been convicted of an offence and sentenced to pay a fine or, in default of payment, to imprisonment, elects to serve a term of imprisonment and brings into a prison any moneys, the Commissioner may seize such moneys as are sufficient to pay the fine payable by that person or, if such moneys are not sufficient for that purpose, all of such moneys for the payment of part of the fine.Part X – Segregation and classification of prisoners
63. Separation of prisoners
Part XI – Custody and removal of prisoners
64. Prisoners in lawful custody of officer in charge
Every person confined in a prison shall be in the lawful custody of the officer in charge thereof and, subject to this Act, shall remain in such lawful custody and be subject to prison discipline and to this Act during the whole period of his imprisonment, whether he is or is not within the precincts of a prison.65. Commencement, termination and computation of sentence
66. Production of prisoners in court
67. Prisoners under police escort
68. Statements to police officers
69. Prisoners and criminal investigations
70. Removal of prisoners from one prison to another
The Commissioner may, by any general or special order, direct that any prisoner shall be removed to any prison other than that in which he is confined or to which he has been committed.71. Certain prisoners may be restrained
When the officer in charge considers it necessary for the safe custody of any prisoner that he should be confined by means of mechanical restraint, he may so confine him but in accordance with such regulations as may be prescribed.72. Maximum period of extended imprisonment
A prisoner who is serving a sentence of extended imprisonment shall, unless earlier released in terms of Part XIX, be detained in a prison until the expiry of the maximum period of such imprisonment determined in accordance with subsection (3) of section 346 of the Criminal Procedure and Evidence Act [Chapter 9:07].73. Mentally disordered or defective prisoners
74. Removal of sick prisoners to hospital
75. Serving sentence while in hospital
The period during which a prisoner has been detained in any hospital or institution in terms of section seventy-three or seventy-four shall be reckoned as part of his period of imprisonment.Part XII – Labour of prisoners
76. Employment of convicted prisoners
77. Employment of unconvicted prisoners
Unconvicted prisoners may elect to be given light employment, but shall be required to keep clean their cells, precincts of cells, clothing, furniture and utensils.Part XIV – Maintenance
78. Maintenance of unconvicted prisoners from private sources
An unconvicted prisoner may be permitted to maintain himself and to arrange for the purchase of, or receive from private sources at proper hours, such food, clothing, bedding or other necessaries as the Commissioner may from time to time determine.79. Food, etc., not to be transferred to other prisoners
No food, clothing, bedding or other necessaries permitted under section seventy-eight shall be given, hired or sold to any other prisoner, and any prisoner who contravenes this section shall be liable to lose all privileges permitted under that section for such time as the officer in charge may determine.80. Food, clothing and bedding for unconvicted prisoners
If an unconvicted prisoner does not provide himself with food, clothing and bedding, he shall receive the normal prison food, clothing and bedding.Part XIII – Prohibited articles and areas
81. Power to search
Any prison officer may examine anything being brought into or being taken out of a prison and may stop and search, or cause to be stopped and searched, any person or vehicle suspected by him of bringing any prohibited article into, or taking any such article out of, a prison, or of carrying out of a prison any property belonging to that prison, and the officer in charge shall immediately be informed of the finding of any such article or property and may seize and dispose of it in accordance with the instructions of the Commissioner.82. Penalty for introduction or removal of prohibited articles and for unauthorized communication
Any person who, save as is provided in this Act—83. Powers of arrest
Any prison officer may arrest without a warrant any person who—84. Unauthorized communications
85. Offences in respect of prisons and prisoners
Any person who—86. Removal of certain offenders
Any person who is found committing an offence in terms of section eighty-five may be removed from the place where he is committing such offence by a prison officer or a police officer and, if the offence is repeated by any such person after he has once been removed in accordance with this section, he may be arrested without warrant by a prison officer who, if he makes such an arrest, shall hand the offender over to a police officer.87. Unlawful possession of articles supplied to prison officers
Any person, other than a prison officer, who is found in possession of any article which has been supplied to any prison officer for the purposes of his duty, or of any other prison property and who fails to account satisfactorily for his possession thereof, or who, without lawful authority, purchases or receives any such article or property from any prison officer, or who aids or abets any prison officer in selling or disposing of any such article or property, shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.88. Offences in connection with uniforms and decorations
89. Notice to be displayed stating offences in respect of prisons and prisoners
The officer in charge shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the acts prohibited under sections eight-two, eighty-five and eighty-seven and the penalties which may be incurred by their commission.Part XV – Discipline of prisoners
90. Prison offences
Any act or omission specified in the Second Schedule shall, when committed by a prisoner, constitute a prison offence, and any specified—91. Trial of Part I prison offences
A charge against a prisoner in respect of a Part I prison offence shall, subject to this Part, be heard and determined—92. Trial of Part II prison offences
93. Punishment for prison offences
94. Special provisions relating to prisoner undergoing sentence of periodical imprisonment
95. Trials by visiting justices
Where a prison offence is heard and determined by a visiting justice in terms of this Part—96. Trials by prison officers
Where a Part II prison offence is to be heard and determined by the Commissioner or a commissioned officer or officer in charge in terms of this Part, the procedure to be followed in connection with the charging of the prisoner and the proceedings before the court, including competent verdicts on particular charges, shall be as prescribed.97. Prosecution for offences under other laws
Nothing in this Part shall be construed as precluding the prosecution of a prisoner for an offence in terms of any other law:Provided that no prisoner shall be punished twice for the same act or omission.98. Review of cases heard by Commissioner, commissioned officer or officer in charge
Part XVI – Escapes
[Part XVI repealed by section 282 of Act 23 of 2004]99. ***
[section repealed by section 282 of Act 23 of 2004]100. ***
[section repealed by section 282 of Act 23 of 2004]Part XVII – Corporal punishment
101. Interpretation in Part XVII
In this Part—“corporal punishment” means a moderate correction of whipping referred to in section 353 of the Criminal Procedure and Evidence Act [Chapter 9:07].102. Corporal punishment: confirmation
Where any enactment provides for confirmation of any sentence of corporal punishment awarded by a court, no such sentence shall be carried out until it has been confirmed in accordance with such enactment.103. Medical officer and officer in charge to be present while corporal punishment is being inflicted
A sentence of corporal punishment shall not be carried out unless the medical officer who examined the prisoner in terms of subsection (4) of section 353 of the Criminal Procedure and Evidence Act [Chapter 9:07] and the officer in charge are present while the corporal punishment is being inflicted on the prisoner.104. Sentence of corporal punishment may be stayed
The medical or prison officer mentioned in section one hundred and three may at any time during the carrying out of the sentence of corporal punishment intervene and prohibit the remainder of the sentence from being carried out if, in his opinion, the punishment is likely to cause more serious injury than is contemplated in the sentence.105. Corporal punishment not to be inflicted by instalments
No sentence of corporal punishment shall be carried out by instalments.Part XVIII – Prisoners under sentence of death
106. Confinement of condemned prisoner
Every prisoner sentenced to death shall be confined in some safe place within a prison and, if possible, shall be kept apart from other prisoners and shall be placed under constant observation both by day and by night.107. Person who may have access to condemned prisoner
No person other than a prison officer, a medical officer, a visiting justice, a minister of religion or a person authorized by the Commissioner shall have access to a prisoner under sentence of death:Provided that such prisoner may, with the consent of and subject to any reasonable conditions which may be imposed by the Commissioner or the officer in charge, be visited by his legal advisers and such of his relatives and friends as he may express a wish to see.108. Attendance at execution by officials
Part XIX – Remission of sentence
109. Remission
110. Remission on special grounds
The Commissioner may recommend to the Minister, who, if he thinks fit, may recommend to the President that remission should be granted to a prisoner by reason of the meritorious conduct or the mental or physical condition of such prisoner.Part XX – Release of prisoners on licence or order
111. Interpretation in Part XX
In this Part—“Advisory Board” means the Prisoners Release Advisory Board established by section one hundred and twelve;“licence” means a licence issued in terms of section one hundred and fifteen;“order” means an order issued in terms of section one hundred and sixteen;“Parole Board” means the Parole Board established by section one hundred and thirteen.112. Prisoners Release Advisory Board
113. Parole Board
114. Reports by Parole Board on prisoners undergoing extended imprisonment
115. Release of prisoners by Minister
116. Release of prisoners by Commissioner
117. Conditions of release
118. Arrest and detention of persons released on licence or order
119. Serving sentence while on release
The period from the date when a person is released on licence or by order until the expiration or cancellation of the licence or order shall be reckoned as part of his period of imprisonment.120. Transitional provisions
Part XXI – Report on long-term prisoners
121. Report on long-term prisoners
Part XXII – Discharge of prisoners
122. Officer in charge to be responsible for discharge of prisoners
123. Travelling expenses of prisoner on discharge
The travelling expenses to such place as the Commissioner may determine of a prisoner on his discharge from prison shall, if the Commissioner by standing orders or otherwise so directs, be a charge against public funds.Part XXIII – General
124. List of unconvicted prisoners to be delivered to High Court
125. Rewards for apprehension of escaped prisoners
126. Commutation of death sentence to sentence of imprisonment
Where the President pardons any person who has been sentenced to death on condition that he serves a period of imprisonment, that person shall be deemed to have been sentenced to such period by the court before which he was convicted.127. Compensation for injury or loss caused by person performing community service
128. Removal of prisoners outside Zimbabwe
129. Minister may grant permission to be absent from prison
The Minister may, subject to such conditions as he may specify, grant a prisoner permission in writing to be absent from prison for a specified period for personal, family or other reasons if, in the opinion of the Minister, the circumstances of the case warrant the granting of such permission.130. Power to make regulations
History of this document
31 December 2016 this version
Consolidation
23 April 1956
Commenced