Zimbabwe's prison population, which at the time of the February independence elections stood at an estimated 22,000 people, has been reduced to about 5,000 people as a result of amnesties enacted by the new Zimbabwe President Rev. Canaan Banana and the British Governor Lord Soames. Those released comprise more than 7,600 political prisoners and over 10,000 common law prisoners.
Despite Lord Soames's announcement on 21 December 1979 of an amnesty for the UDI rebels and those taking up arms against the illegal regime, relatively few political prisoners serving sentences under the Law and Order (Maintenance) Act had in fact been released by the end of February 1980. On 20 March however, Lord Soames's original amnesty ordinance was extended to give a free pardon to anyone detained for a politically motivated offence up to 1 March 1980, and to cover martial law. The cases of convicted political prisoners continued to be reviewed, resulting in the release of more than 7,600 political prisoners by the time of the independence celebrations on 18 April.
On 21 April the new Zimbabwe government announced that a further 9,000 prisoners of various categories not covered by Lord Soames's ordinances were to be released within the next few days under a special Presidential amnesty. While the offences covered all fall under Rhodesian common law, a number of those freed probably qualify to be described as political prisoners in the sense that they were involved with the liberation war.
In an address to the nation on 21 April the Prime Minister Mr Robert Mugabe said that the Presidential amnesty should not be construed as condonation of the criminal acts of those being released, or as a licence to commit further acts of crime or violence, but rather as a chance to mend their ways. He warned that his Government would take the sternest possible measures to deal with persons who persisted in committing acts of lawlessness or violence.
Rev. Banana's Presidential amnesty grants a free pardon to persons who before 18 April 1980 contravened the National Service Act or regulations made in terms of this Act — in particular hundreds of black and white Zimbabweans who fled into exile to avoid conscription into the Smith regime's armed forces; persons serving prison sentences for stock theft — an offence which as the war developed became increasingly closely associated with guerilla activity and was in large measure a response to steps taken by the Smith regime to prevent food from reaching the guerilla fighters. "Operation Turkey", a food control programme introduced under martial law, together with the rigours of life in the protected villages, resulted in widespread malnutrition and starvation in the rural areas; all persons serving prison terms of 18 months duration or less, or with less than 18 months remaining to serve of a longer sentence.
All the above have been granted a free pardon and full remission of sentence. In addition, all other categories of convicted prisoners remaining in gaol have been granted a remission of one third of their sentences in addition to any other remission which might be available under other laws.
On 25 April the Secretary of Justice announced that as a result of the exercise of the Presidential prerogative of mercy upon Zimbabwe's attaining independence, a total of 10,027 prisoners had in fact been released.
All convicted political prisoners and detainees, named and unnamed, known to IDAF, are now believed to have been released, including 13 members of the African National Congress of South Africa formerly held in Khami and Chikurubi Maximum Security Prisons. They were released at the end of April or beginning of May with the proviso that they must report to the police once a week pending a final decision on their future.
