Human rights lawyers have formally asked the Zimbabwe Human Rights Commission (ZHRC) to carry out on-the-ground inspections of the country’s prisons, citing concerns that deaf, mute and hard-of-hearing inmates are being held in conditions that leave them cut off from basic communication and support services.
A formal request to the commission
In a letter dated 17 September 2026, lawyers Obey Shava and Obey Chitowamombe urged the commission to invoke its constitutional powers to enter and examine all prisons and related places of detention operated by the Zimbabwe Prisons and Correctional Services (ZPCS).
The request leans on Section 243(1)(k) of the Constitution, which authorises the ZHRC to visit and inspect correctional facilities, establish the circumstances in which detainees are held, and recommend corrective measures to the minister responsible for those institutions.
The lawyers say a physical inspection is the only credible way to determine whether prisoners who cannot hear or speak are able to communicate with warders, receive information, raise safety concerns, and take part in health, rehabilitation and other programmes.
Why the Masora case matters
The petition was prompted in part by the case of Fanuel Masora, a deaf and mute man whose only means of communication is Zimbabwe Sign Language.
Masora was initially charged with murder before the High Court convicted him of culpable homicide on 4 March 2026 under Section 49 of the Criminal Law (Codification and Reform) Act. He was handed a three-year prison term that was wholly suspended for five years, and ordered to complete 420 hours of community service at Deaf Zimbabwe Trust.
In her ruling, High Court judge Justice Emilia Muchawa placed Masora in a special category of persons with disabilities who have endured deep social isolation and persistent barriers to taking part in ordinary social life. She also weighed the specific difficulties he encountered in detention, including whether he could realistically cope with and comply with a custodial sentence had one been imposed.
According to the two lawyers, the case exposes how exposed deaf people are inside Zimbabwe’s criminal justice and correctional systems, particularly when contact with prison officers, access to information, protection mechanisms and participation in rehabilitation all hinge on effective communication.
What the lawyers want the commission to do
The petition sets out several requested actions:
- Conduct inspections of ZPCS correctional and remand facilities specifically to establish the conditions under which deaf, mute and hard-of-hearing people are detained.
- Recommend remedial steps to the responsible minister wherever deficiencies are identified.
- Consider ordering an investigation under Section 243(1)(f) of the Constitution into whether the rights of deaf and mute detainees have been or are being violated.
- Notify Masora in writing of the steps the commission intends to take and the outcome of any inspection carried out.
A broader test of disability inclusion in state custody
The intervention places the treatment of prisoners with communication disabilities squarely on the national human rights agenda. While Zimbabwe’s legal framework recognises the rights of persons with disabilities, the practical realities inside overcrowded and under-resourced correctional facilities are far harder to verify without independent oversight.
For advocacy groups, the ZHRC’s response will be closely watched as a measure of whether constitutional oversight bodies are willing to test conditions inside the custodial system, rather than relying on assurances from the institutions themselves.
The commission has yet to publicly indicate whether it will act on the request.
