Prominent Zimbabwean lawyer Advocate Thabani Mpofu is contemplating a legal challenge against a law that prohibits prisoners from having sexual relations with their spouses.
During the “Family Week” in 2019, Mayor Kanyezi, the chief correctional officer of the Zimbabwe Prison Correctional Services (ZPCS), indicated that while visiting rules for inmates were relaxed during that time, this did not extend to conjugal rights. Kanyezi stated:
“There are rights that are removed when someone is convicted and sentenced in jail. After conviction, the rights, rules, and regulations are presented to the prisoner, and the right to engage in sexual relations with a partner is not included. Conviction leads to the loss of many rights enjoyed outside.”
While acknowledging the importance of the Family Week, he clarified that it did not permit the rekindling of sexual relationships between inmates and their spouses.
Advocate Mpofu contends that the denial of conjugal rights to prisoners undermines essential family connections, which are crucial for effective rehabilitation within the prison system. In a post on X, he emphasized that conjugal rights are basic human rights necessary for sustaining intimate relationships and aiding rehabilitation.
Mpofu believes the state has an obligation to protect these rights, especially for the sake of innocent spouses. He stated:
“Denying conjugal rights to the spouses of incarcerated individuals raises concerns about the effectiveness of our prison system. How can rehabilitation be achieved when vital family ties, which are essential for a person’s well-being, are severed? Our view is that prisons should focus on reform. How can they do this if family life—central to human existence—is not prioritized? Moreover, why should the innocent spouse be punished by being denied sexual intimacy while being expected to wait faithfully for their partner?
There is no doubt that conjugal rights are fundamental human rights vital for maintaining intimate relationships and facilitating rehabilitation. Therefore, the state must uphold these rights, at least for the sake of the innocent party.”
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