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13 April 2021

Zimbabwe Government Gazette dated 2021-04-13 number 47

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                                                     ZIMBABWEAN


     GOVERNMENT GAZETTE
                                              EXTRAORDINARY
                                                      Published by Authority

   Vol. XCIX, No. 47                                    13th APRIL, 2021                                        Price RTGS$155,00

General Notice 695 of 2021.                                                     following underlying medical conditions: Asthma, Diabetes
                                                                                and Kidney disease in view of COVID-19 pandemic. The
               CONSTITUTION OF ZIMBABWE                                         prisoners who fall under this category should have served
                                                                                at least one third of their sentences by the date of gazetting
                 Clemency Order No. 1 of 2021                                   of the Clemency Order provided that they are not charged
                                                                                with specified offences.
  IT is hereby notifiedthat His Excellency the President has, in terms
of section 112(1)(a) and (d) of the Constitution of Zimbabwe, made            Remission of sentence for prisoners at the open prison
the order set out in the Schedule.                                          6.     Full remission of sentence to be granted to all prisoners serving
                                                    V. MABIZA,           a term of imprisonment at the Open Prison regardless of offences
13-4-2021. Secretary for Justice, Legal and Parliamentary Affairs.       committed.

                             Schedule                                      Remission of sentence for prisoners aged 60 years and above
             CLEMENCY ORDER NO. 1 OF 2021                                7.        Full remission of sentence to be granted to all prisoners aged
                                                                       60 years and above, who would have served at least one third of
                                 Title                                 the sentence by the date of gazetting of the Clemency Order, save
   1. This order may be cited as the Clemency Order No. 1 of 2021. for those convicted of specified offences. The age of the prisoners
                                                                       should be confirmed from the prisoner’s National Identity Card,
           Remission of sentence for all female prisoners              Birth Certificate or Passport.
   2.       Full remission of the remaining period of imprisonment to be
granted to all female prisoners, save for those convicted of specified Remission of sentence for prisoners serving life imprisonment
offences. The prisoners should have served at least one third of their   8.        Full remission of sentence to be granted to all prisoners who
sentences.                                                             would have served life imprisonment for at least 15 years. This
                                                                       includes—
           Remission of sentence for all juvenile prisoners
                                                                          (a) prisoners sentenced to life imprisonment;
   3.       A full remission of the remaining period of imprisonment to (b) prisoners whose sentences were commuted from death to
be granted to all juveniles under the age of 18 years, save for those          life imprisonment;
convicted of specified offences. The prisoners should have served at
least one third of their sentences. Age determination will be based       (c)  prisoners  whose sentences were altered to life imprisonment
on the birth certificate of the concerned prisoner.                            on appeal or review;
                                                                          (d) the 15-year period shall include any period under sentence
 Remission of sentence for prisoners serving effective sentence of             of death for all the categories above.
                        36 months and below
   4.       A full remission of the remaining of period of imprisonment       Commutation of death sentence to life imprisonment
is to be granted to all those prisoners serving an effective period      9.        Commutation of death sentence to life imprisonment to be
of 36 months and below who have served at least one third of their granted to all prisoners who have been on death row for at least
sentences by the date of gazetting of the Clemency Order provided eight years.
that they are not convicted with specified offences.
                                                                          Quarter remission of sentence for prisoners serving effective
             Remission of sentence on medical grounds                                      sentence of above 36 months
   5. -                                                                   10.      Prisoners serving an effective period of imprisonment of more
   (a) a full remission of the remaining period of imprisonment to than 36 months who have served at least a third of their sentence
        be granted to all prisoners who have been terminally ill for   be granted additional quarter remission, provided that they are not
        a prolonged period without recovery upon certification by      convicted of a specified offence.
        a Correctional Medical Officer or a Government Medical
        Officer. The Department of Correctional Service should                Remission of sentence for prisoners who are disabled
        liaise with the Social Welfare so that a commitment for
        continued provision of medication is attained. The issue of       11.      Full remission of the remaining period of imprisonment to
        bed ridden and prolonged period remains the discretion of      be granted to all prisoners who would have been certified by a
        the Correctional Medical Officer or Government Medical         Correctional Medical Officer or Government Medical Officer to
        Officer regardless of offences committed;                      have total blindness and those who are physically challenged to
   (b) full remission of the remaining period of imprisonment to       the extent that they cannot be catered for in a prison or correctional
        be granted to all prisoners aged 50 years and above with the environment, regardless of offences committed.

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