Incarcerated Mothers Can Stay with Children: Attorney General

A series of tweets and messages have been circulating on social media, showing a woman carrying a baby on her back while incarcerated, which some feel is against humanity and the law. Attorney General Mrs. Virginia Mabhiza clarified that the incarceration is within the confines of Zimbabwean laws. The Prisons and Correctional Service Act [Chapter 7:23] provides three options for addressing the status of children accompanying their incarcerated mothers, including allowing the mother to remain with her infant in jail.

The Attorney General’s response follows social media activists attempting to tarnish the image of the country using the human rights abuse argument ahead of the upcoming SADC Heads of State and Government Summit in Harare, where Zimbabwe will assume the Chairmanship. Critics often become vocal whenever there is a regional or international gathering in Zimbabwe, seeking attention. The incarceration of this woman with a child is not an isolated case and is within the confines of our laws.

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The Prisons and Correctional Service Act [Chapter 7:23] provides three options for addressing the status of children accompanying their incarcerated mothers. Section 71 of the Act provides the following: an infant may accompany their mother and reside with her in the prison or correctional facility until the age of 36 months and up to 59 months; an infant may be placed in the care of willing and able relatives; and if the mother has no willing and able relatives or friends, the infant may be placed in the care of welfare authorities, subject to relevant laws.

Critics often seek attention on issues they do not fully understand. Social media users are urged to research before posting to avoid misinformation. Female inmates accompanied by infants are informed of these options before incarceration. The law also provides special treatment for children of incarcerated mothers, including a special dietary scale up to the age of 54 months. Should critics continue to display ignorance and arrogance, the law must take its course to prevent unnecessary alarm and despondency among the citizenry. Zimbabweans must remember that the law must be followed at all times.

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