A CONTENTIOUS proposal to introduce a law that permits prisoners to receive conjugal visits from their spouses has sparked a raging debate in the country.
Zimbabweans are divided over introducing conjugal visits, with some arguing that the current ban on conjugal visits infringes on human rights.
Others strongly disagree, citing concerns about the significant societal and economic implications that conjugal visits may cause, including high costs of refurbishing the prisons, family planning services, and increased risk of sexually transmitted infections (STIs), among others issues.
This comes amidst a surge in sexual abuse cases by close family members, but many wonder how these conjugal visits would affect such issues, sparking conflict and heated debates within families or in communities.
Two recent cases that have sparked outrage are where a Mutare man received a 17-year sentence for raping his four-year-old niece, while a Gweru maid was sentenced to 15 years for raping her employer’s eightyear-old son.
These disturbing crimes raise questions about whether such convicts, including those guilty of serious offences like murder and child abuse, should be granted conjugal visits. It’s interesting to note that several countries, including Canada, Brazil, Iran, Australia, and Saudi Arabia permit conjugal visits for prisoners, whereas the UK does not.
However, Norway’s approach to conjugal visits is particularly interesting. By allowing prisoners to maintain intimate relationships with their spouses, Norway has achieved a remarkably low re-offending rate of 20 percent within two years of release according to a UK Parliament report (2016 -2024).
This comes to the issue of Thabani Mpofu, a renowned Zimbabwean lawyer, who is pushing for reforms that challenges the current law, advocating for inmates to be allowed conjugal visits with their spouses. In a recent post on his X handle, Mpofu asserted that conjugal rights are fundamental human rights essential for maintaining intimate relationships and fostering rehabilitation.
“Denying conjugal rights to spouses of incarcerated individuals raises concerns about the efficacy of our prison system,” he wrote.
“How can rehabilitation occur when family bonds, essential to a person’s well-being, are disrupted? “Our stance is that prison should reform. How can it achieve that if it does not prioritise family life, itself the very core of human existence?” Mpofu further noted that by denying conjugal visits to prisons, the State may be punishing the prisoner’s spouse, who has committed no crime.
“Further, why must the innocent spouse be punished by being denied conjugal activity whilst at the same time expected to wait faithfully for their incarcerated partner? “There is no doubt in my mind that conjugal rights are fundamental human rights, essential for maintaining intimate relationships and promoting rehabilitation,” he added.
“That being the case, the State has a duty to uphold these rights, at least in the name of the innocent party.” Similarly, the president of the Apostolic Christian Council of Zimbabwe (ACCZ), Obert Vurayayi Matsveru, said conjugal visits have significant voice of support from the religious community.
“As Church, we believe in the sanctity of marriage and advocate for a review of the law to allow married couples to exercise their conjugal rights,” he said. “The Bible teaches us to respect the union of marriage, saying ‘let no one divide what God has joined together’ (Mark 10:9). In fact, marriage is the only covenant where God Himself is a witness.”
“Therefore, it is important for partners to be allowed time to meet and exercise their conjugal rights. “Yes, you will be punishing the one in jail, but the other spouse left is made to suffer because sex is a right which one should fully enjoy in marriage,” Matsveru told the Daily News on Sunday.
The cleric added: “Such a law would help in reducing homosexuality in our country which is very likely now that the current law prohibits married women and men to be intimate as ordained by God. “Some spouses tend to cheat when their partner is convicted or jailed, but as the Church we do not condone such.
“Married partners should remain faithful and committed to their spouses despite challenges and situations.” The Zimbabwe Prisons and Correctional Services (ZPCS) spokesperson, Meya Khanyezi, believes that allowing conjugal visits would have a positive impact in uniting families. However, she cited limited resources as a major challenge for such a law to be implemented in Zimbabwe.
“The inclusion of conjugal visits in our prison system can be a progressive move towards recognising the humanity of inmates. This practice can help maintain the family unit during incarceration, which is vital for psychological well-being.
“Currently, the ZPCS does not have the facilities to accommodate conjugal rights for inmates as our facilities were built on foundations of a punitive ideology by the colonial regime dating back to 1819,” she said. “Ensuring prisoners can have contact with their spouses promotes emotional stability and better mental health, thus positively impacting the prison atmosphere.
“Allowing conjugal visits could significantly contribute to rehabilitation by reinforcing inmates’ family ties. Research has shown that strong family connections can lower recidivism rates and ease the transition back into society upon release.
“Programmes in various countries that have implemented conjugal visit rights have reported lower rates of re-offending, as these visits can help maintain social bonds, address emotional needs, and foster a sense of normalcy.
“While there may not be widespread studies specific to Zimbabwe, the principles seen in global examples indicate that these rights could be beneficial for our system as well.” “Overall, it could foster a sense of responsibility and accountability among inmates, ultimately influencing their behaviour in a more positive direction,” Khanyezi said, adding that the ZPCS had recently introduced open prisons so that inmates may be granted leave.
Prisoners in open prisons are allowed to go to their homes and enjoy conjugal rights during family week visits, among other rehabilitation programmes to ensure family ties are maintained. So far, the country has two open prisons: Connemara Male Open Prison in the Midlands Province and Marondera Female Open Prison in Mashonaland East Province. She also expressed fear of the spread of STIs and HIV/Aids due to the high risk associated with such a development.
“The current prison policies do not include provisions for conjugal rights which means there is a need to attend to the policies first and then, of course, we have infrastructure limitations. “Our prisons are not designed with facilities to accommodate conjugal visits.
“Existing infrastructure lacks privacy and security features necessary for such interactions. “Implementing conjugal rights in prison also comes with challenges that must be addressed. “Health risks, including the spread of infectious diseases, would need to be carefully managed, possibly through mandatory health screenings,” she added, pointing out that education and awareness would need to be intensified before the law can be considered.
“Security breaches could also be a concern, however, with proper protocols and vigilant staff training, these issues can be mitigated. It would be essential to create a controlled environment for these visits to ensure safety for both the inmates and staff. “Moreover, staff training will be crucial in ensuring that staff understand the sensitivity of these visits and manage them appropriately, balancing security with the care needed in such intimate settings.”
Khanyezi also dismissed claims of rampant homosexuality in prisons, suggesting that the correctional services had not observed any evidence of such activities, implying that if they do occur, they are hidden from view.
“It is difficult to say yes we have witnessed cases of homosexuality in prisons because such individuals hide their sexual orientation to avoid discrimination, rejection, and even for fear of legal repercussions since homosexuality is an offence. “Even where conjugal visits are allowed, those whose orientation favours homosexuality may still be involved in the interactions, but the acts are kept as a strictly guarded secret,” she noted.
Others like prominent television personality and social commentator, Rebecca Chisamba (Mai Chisamba), expressed concerns on the issue of conjugal visits in prisons, questioning the purpose of punishment if the offenders are allowed such privileges. She argued that prisons should be a place of punishment and repentance, not comfort.
“Imprisonment is meant to be a punishment that helps reform one’s ways. While acquiring new skills is beneficial, the essence of imprisonment is isolation from familiar comforts, serving as a form of punishment. “It is the same with when disciplining children, we temporarily take away their freedoms, so they feel the pain of punishment,” she said.
“The only thing we need to do is intensify HIV/Aids awareness for partners, especially those left behind when a husband or wife goes to jail.”
Lovemore Chikwanda of Jedidiah Trust, an organisation that supports children affected by parental incarceration, noted that most inmates they interact with are not concerned about exercising their conjugal rights, but rather express deep worry about the welfare of their dependents, who are often left without care or support.
“I strongly disapprove of conjugal visits, as they may spark bitterness and conflict between the victim’s family and the convicted offender. “Conjugal visits are unnecessary and can be particularly distressing in cases like rape, where allowing the offender to continue enjoying intimate relationships can be deeply hurtful to the victim and their loved ones, “he stressed.
According to Chikwanda, facilitating conjugal visits cannot be prioritised when other basic needs and services still need to be improved. “Prison is meant to deprive offenders of certain privileges, a consequence of their actions.
“Rather than allocating resources to conjugal visits, it’s more beneficial to use them for prison renovations or rehabilitation services, helping offenders reform, “he said.
“We should keep in mind other competing interests like overcrowding of jails, lack of basic infrastructure facilities like toilets etc. “After a crime, hatred, and hurt linger, so efforts should focus on healing the wounds of victims and their loved ones. “We cannot jump to advocating for conjugal rights when reconciliations among broken families have not been considered.”