SADC prison population stands at nearly 400 000
Eino Vatileni
The SADC-PF Committee on Democracy, Governance and Human Rights is advocating for a SADC Model Law on Prison Oversight to guide parliaments in monitoring the treatment of prisoners and prison conditions.
The law will act as a benchmarking reference for national parliaments of SADC countries and other stakeholders in view of enhancing the functions of parliaments to exercise oversight over the treatment and conditions of detainees.
The call was made during a meeting of the committee ahead of a joint gathering of all five standing committees of the Forum to support the development of a Model law on oversight of prisons and promotion of the protection of human rights across all SADC member states. The five standing committees are, Democracy, Governance and Human rights; Food, Agriculture, Natural Resources and Climate Action; Gender Equality, Women Empowerment and Youth Development; Human and Social Development and Special Programmes and Trade, Industry, Finance and Infrastructure.
The Sessions in Johannesburg, South Africa are held under the theme ‘Towards Developing a SADC Model Law on Prison Oversight’ from 23-25 April 2025.
Speaking during the opening of the committee meeting, Hon. Leonard Mwalwanda, a Member of Parliament from Malawi, who also chairs the committee said , although the committee has significantly contributed to the development of the SADC Model Law on Elections, which was adopted by the Plenary Assembly in 2018, the area of ‘prison oversight’ needs regional guidance.“The development of a SADC Model Law on Prison Oversight could not have been more timely than now. The statistics are sobering, showing that SADC’s total prison population now stands at nearly 400,000, with an average of 37% awaiting trial, and women comprising just 3%, often ignored in a system designed by and for men,” Hon. Mwalwanda said.He added that many prison systems inherited from colonial times-are buckling under outdated infrastructure and overcrowding.
“In some countries, more than half of all prisoners have not even been convicted. This is not just a legal issue. It is a human rights issue. It is a governance issue; therefore, it is our issue as a Committee,” he added.
According to the chairperson, the committee is placed to actively contribute to the process of developing the Model Law.“Prison oversight is not optional. It is a constitutional imperative. It allows Parliament to demand accountability from the executive on how budgets are spent, human dignity is upheld, and governance functions are conducted behind closed doors,” Hon. Mwalwanda said.
He emphasised that prisoners are still citizens and remain humans whose dignity must be respected.
“Therefore, let us take the opportunity to contribute to the Model Law on Prison Oversight seriously,” he said.
Speaking on the same subject, Justice Sylvester Kalembera from Malawi said while incarceration removes the right to liberty, it does not strip individuals of their inherent human dignity and other rights.
“Unfortunately, many SADC prisons fall short in this regard. The SADC Model Law on Prison Oversight provides a framework to rectify these gaps by empowering parliaments to actively monitor and enforce prison standards,” Justice Kalembera said.
He called on SADC-PF to pass the model law.
WHAT TO EXPECT
Once adopted, the Model Law is expected to have far-reaching and transformative effects across the SADC region.
It will offer clear legislative guidance for member states to develop or strengthen prison oversight mechanisms, enhancing the capacity of Parliaments to hold the executive accountable.It will also improve the protection of vulnerable groups within the prison system, including women, children, and persons with disabilities.Most importantly, the Model Law will pave the way for more humane, rehabilitative, and just prison environments.
ABOUT THE SADC-PF
The SADC-PF was established in 1997 in accordance with Article 9(2) of the SADC Treaty as an autonomous institution of SADC. It is a regional inter-parliamentary body of fifteen (15) parliaments representing over 3500 parliamentarians in the SADC region. These member parliaments are Angola, Botswana, Democratic Republic of Congo (DRC), Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, the Seychelles, Tanzania, Zambia and Zimbabwe.
It’s main aim is to provide a platform for parliaments and parliamentarians to promote and improve regional integration in the SADC region through parliamentary involvement and parliamentary diplomacy.
*Eino Vatileni works in the Division of Research, Information, Publications and Editorial Services , National Assembly.
