Government reviews pardon guidelines after 25 years

Government says it is almost done with the process of reviewing guidelines for pardoning prisoners in the country.

 

This comes amid calls from some stakeholders for the review of the guidelines.

 

Attorney General Thabo Chakaka Nyirenda admitted to The Daily Times that there are some gaps that were identified in the guidelines, hence the review—which was last done in 1999.

“The review is almost 99 percent done. I cannot pre-empt what changes will be there but what I can tell people is that we are reviewing the guidelines to make them more objective and align [them] with the Constitution,” Chakaka Nyirenda said.

He added that the country has registered some changes since 1999, when they last reviewed the guidelines.

 

“We identified gaps in the course of implementation and there are some issues we need to look at, such as broadening powers of the advisory committee which is behind the pardons,” Chakaka Nyirenda said.

Under the Advisory Committee on the Granting of Pardon Act, the committee consists of the President, Cabinet ministers, police and prison officials.

Chakaka Nyirenda said a pardon is granted by the President with advice from the committee using set guidelines.

However, other quarters have been arguing that the current pardon guidelines give room to abuse as they have been benefitting undeserving prisoners that have political connections.

 

Centre for Human Rights, Education, Advice and Assistance Executive Director Victor Mhango has since welcomed the development.

 

“The guidelines were last reviewed when the population of prisoners in our correctional facilities was low. And, then, offences such as pick-pocketing were regarded as minor ones, which is no longer the case. We have been asking for a parole system because we believe that there will be a transparent way of pardoning offenders. The current guidelines are subject to abuse because other undeserving individuals continue benefitting— maybe because of political affiliation,” Mhango said.

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