S v Masitere 1990 (2) ZLR 289 (SC): Punishments of solitary confinement and spare diet amounts to torture, and to inhuman and degrading punishment

Korsah JA:

The applicant had been convicted by a magistrate of housebreaking with intent to steal and theft. He was sentenced to three years imprisonment with labor. The magistrate ordered that the first and last fortnights of the terms of imprisonment be spent in solitary confinement and on spare diet.

Held that the punishments of solitary confinement and spare diet amounts to torture, and to inhuman and degrading punishment. Such punishment was thus prohibited by s 15 of the Constitution of Zimbabwe, and thus unconstitutional.

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