Advocate Thabani Mpofu says the country’s prison laws should allow conjugal rights to jailed individuals, so as to safeguard the institution of marriage.
He says denying conjugal rights to spouses of incarcerated individuals raises concerns about the efficacy of the country’s prison system.
He adds that 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 prioritize family life, itself the very core of human existence?
“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.
“That being the case, the state has a duty to uphold these rights, at least in the name of the innocent party.
“If you think you can take this up and want to be the face of a legal challenge, come (I’ve checked the spelling 3 times over).”
Advocate Mpofu is a renowned Zimbabwean lawyer. He represented former Movement for Democratic Change Alliance leader Nelson Chamisa when challenged President Emmerson Dambudzo Mnangagwa’s election victory in 2018.
He however, lost the case.
Zwnews
