Zimbabwe and Botswana edge toward prisoner‑exchange pact amid growing regional ties

When Emmerson Mnangagwa, President of Zimbabwe, met with Mokgweetsi Masisi, President of Botswana, in late December 2022, both leaders signaled a fresh chapter in bilateral cooperation – a Memorandum of Understanding (MoU) on the exchange of prisoners.

The agreement, signed in Gaborone on 15 December 2022, aims to let nationals serving sentences in the other country finish their terms at home. While the official text remains under wraps, officials hinted at a framework that could affect dozens of inmates within the next year.

Why a prisoner‑exchange pact matters now

Zimbabwe has long grappled with a backlog of inmates held abroad—estimates from the Ministry of Home Affairs suggest roughly 1,200 Zimbabweans are incarcerated in neighboring states, with another 300 in more distant jurisdictions. Botswana, on the other hand, houses about 150 foreign nationals, mostly from the region. Re‑uniting prisoners with their families could ease prison overcrowding and cut state‑funded repatriation costs, which total an estimated US$3.5 million annually.

"Family ties are essential for rehabilitation," said Paul Mpofu, Zimbabwe's Minister of Justice, Legal and Parliamentary Affairs, in a brief statement released by his office. "This MoU is a humane response to a pragmatic problem."

The push for such an agreement came after a series of high‑profile cases—most notably a 2020 incident where a Zimbabwean businessman serving a drug sentence in Botswana appealed for transfer but was denied, sparking diplomatic chatter.

Understanding the proposed mechanism

Although the fine print hasn't been disclosed, sources close to the ministries say the MoU will follow a three‑step process:

• Eligibility vetting by each country's Corrections Department to ensure comparable offenses and security classifications.
• Formal request submission by the inmate’s home Ministry of Justice, accompanied by a prison‑record dossier.
• Final approval by the host country's Prison Service, after which the prisoner is transferred under a monitored parole‑like regime.

Both governments stress that the scheme will not apply to inmates convicted of serious violent crimes or terrorism. "It's about low‑level non‑violent offenders, primarily drug‑related or property offenses," a senior Botswana Prison Service official, who asked to remain unnamed, explained.

Regional context: South‑South cooperation on corrections

The MoU aligns with a broader wave of South‑South initiatives championed by the Southern African Development Community (SADC). In 2021, SADC adopted a protocol encouraging member states to harmonise penal policies, citing the need for "justice that respects family and community ties."

South Africa signed a similar prisoner‑exchange agreement with Namibia in 2019, which has already transferred 27 inmates back to their home country. Kenya and Uganda signed a reciprocal pact in 2020, handling roughly 40 cases a year. These precedents suggest that the Zimbabwe‑Botswana model could become a template for the region.

Reactions from stakeholders

Human‑rights groups have welcomed the move, noting that prolonged foreign incarceration often undermines rehabilitation. "Returning prisoners to their cultural context improves reintegration prospects," said Dr. Lindiwe Ndlovu, a criminology professor at the University of Pretoria. "But the devil is in the detail—transparent criteria and oversight are crucial."

Conversely, some opposition figures in Zimbabwe argue the government should focus on domestic prison reforms first. "We cannot chase quick fixes abroad while our own facilities are crumbling," warned Nelson Chamisa, leader of the main opposition party.

Implementation hurdles and timeline

Legal scholars point out that any cross‑border transfer must navigate both countries' penal codes, which differ on sentencing structures. For instance, Botswana's maximum sentence for simple drug possession is ten years, while Zimbabwe's is fifteen. Aligning these frameworks may require amendments to existing legislation.

According to a draft schedule supplied by the Zimbabwean Ministry of Justice, the first wave of transfers could commence by June 2023, assuming the MoU is ratified by both parliaments within the next three months. The schedule outlines:

1. Parliamentary debate and approval – by end of March 2023.
2. Operational training for prison staff – April 2023.
3. Pilot transfers of up to 20 prisoners – June 2023.
4. Full‑scale rollout – from September 2023.

Both nations have pledged to fund the pilot phase jointly, sharing costs of transport, security, and medical checks, which are estimated at roughly US$2,200 per inmate.

What's next for the bilateral partnership?

Beyond the prisoner‑exchange pact, officials hinted at collaborative projects in forensic science and prison‑staff training. "We see this as the first domino in a series of corrections‑sector partnerships," Mnangagwa said during a press briefing in Harare on 20 January 2023.

As the MoU moves toward ratification, watchdogs will be watching for transparency, especially concerning the selection of inmates and the safeguarding of their legal rights. If successful, the agreement could set a benchmark for how Southern African nations address the human side of incarceration.

Key takeaways

• Zimbabwe and Botswana signed a prisoner‑exchange MoU on 15 December 2022 in Gaborone.
• The pact targets low‑level non‑violent offenders, aiming to reduce costs and improve family cohesion.
• Regional precedents from South Africa‑Namibia and Kenya‑Uganda provide useful templates.
• Implementation hinges on legislative approval, staff training, and transparent eligibility criteria.
• First transfers could begin by June 2023, with a full rollout later in the year.

Frequently Asked Questions

Which prisoners are eligible for the exchange?

Eligibility is limited to non‑violent offenders serving sentences of five years or less for crimes such as simple drug possession or property theft. Those convicted of serious violent offenses, terrorism, or sexual crimes are excluded.

How many prisoners could be affected?

Preliminary estimates suggest up to 200 Zimbabwean inmates abroad and around 150 foreign nationals in Botswana could qualify, though the first pilot phase targets no more than 20 transfers.

What legal steps are needed before transfers begin?

Both parliaments must ratify the MoU, after which each Corrections Department will draft implementation regulations. These will cover eligibility criteria, security protocols, and oversight mechanisms.

Why pursue a prisoner‑exchange rather than improve domestic prisons?

Proponents argue that transfers reduce overcrowding, cut repatriation expenses, and support rehabilitation by keeping families together. Critics, however, say the focus should first be on upgrading local facilities and staff training.

What does this mean for regional cooperation?

If successful, the Zimbabwe‑Botswana model could inspire similar agreements across SADC, fostering a more integrated approach to corrections, shared forensic resources, and joint training programmes.