Mnangagwa orders sweeping general amnesty amid prison overcrowding

_All female prisoners with few exceptions pardoned, long sentences slashed by a quarter_

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.
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