Dar es Salaam. A lawyer in Iringa has petitioned the High Court seeking to declare unconstitutional the legal provisions that prevent prison inmates from enjoying conjugal visits with their legally married spouses, arguing that the restrictions infringe on fundamental constitutional rights.
Mr Geoffrey Mwakasege, in a case filed at the High Court’s Iringa sub-registry, is asking the court to grant legally married inmates the right to spend private time with their spouses, including engaging in sexual relations, without supervision from prison authorities.
According to Mr Mwakasege, the absence of explicit provisions in the Prisons Act and the Prisons (Prison Management) Regulations of 1968 allowing conjugal visits contravenes Article 16(1) of the Constitution of Tanzania, which guarantees respect and protection of the person, privacy, family life, matrimonial life, residence, and private communications.
The respondents in the case are the Tanzania Prisons Service, the Commission for Human Rights and Good Governance (CHRGG), and the Attorney General, who also serves as the government’s chief legal adviser.
Mr Mwakasege argued that the restrictions serve no public interest and violate the constitutional right to privacy in relation to marital rights.
“While the government and society discourage divorces and encourage the creation of strong family units which is the primary institutions of the community, there is no justifiable reason why a spouse should be denied conjugal visits with a married partner who is serving a prison sentence,” he said.
Under current prison regulations, visits are permitted but heavily restricted, and must take place under the supervision of a prison officer.
Mr Mwakasege contends that these limitations contravene the Marriage Act and the rights of married individuals, while also indirectly promoting divorces when one spouse is incarcerated. He said this approach contradicts Tanzanian customs and traditions that value marital cohesion.
Describing conjugal rights as “a tool to strengthen the bond between couples,” the lawyer stressed that denying convicted and sentenced prisoners the opportunity for conjugal visits undermines marital relationships.
“The absence of conjugal visitation can increase the likelihood of recidivism, as the emotional and psychological well-being of incarcerated individuals is closely linked to family connections,” he explained.
He added that the restrictions affect not only the convicted individuals but also their spouses, families, and the broader social fabric. “Prohibiting conjugal visits creates emotional distress, marital strain, and unnecessary divorces, undermining the objectives of rehabilitation and successful reintegration into society,” he said.
Mr Mwakasege further criticised CHRGG, an independent national institution tasked with protecting and promoting human rights, for failing to take reasonable measures to ensure that married prisoners are entitled to conjugal visits.
In his petition, the lawyer is asking the court to direct the respondents to amend the restrictive regulations within two months if the petition is upheld.
The case is scheduled for mention before Judges Dunstan Ndunguru, Angaza Mwipopo and Madam Judge Mariam Mchomba on 30 September 2025.
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