Prison Life. Prisoners at Chikurubi Maximum Prison/ pic Jekesai Njikizana AFP
By Licious Mkuni
Since gaining independence from British colonial rule in 1980, Zimbabwe has executed at least 79 people through the death penalty, with about 63 still awaiting execution.
The last felons to be executed in Zimbabwe include hardcore serial killers Stephen Chidhumo, Edgar Masendeke, and Mandlenkosi “Never” Masina Mandha, who was hanged on July 22, 2005.
Despite discouraging executions for over two decades now, Zimbabwe has retained the death penalty in its legal system, hence casting a shadow on the country’s committment to absolute right to life.
Zimbabwe’s new Constitution, enacted in 2013, abolished mandatory death sentences and limited the death penalty to cases of murder “committed in aggravating circumstances”. Section 48 which protects the right to life, permits the death penalty to be imposed to men aged 21 to 70 convicted of murder in aggravating circumstances.
But in a historic move, the Zimbabwean cabinet recently endorsed the Private Member’s Bill which seeks to abolish the death penalty, signaling progress and justice. The Bill will ensure that the maximum sentence in Zimbabwe will be life imprisonment.
By embracing this stance, Zimbabwe is poised to align itself with global principles of compassion, fairness, and the absolute right to life.
Seventeen countries in Sub-Saharan Africa, including Angola, Burundi, Cape Verde, Côte d’Ivoire, Djibouti, Gabon, Guinea-Bissau, Mauritius, Madagascar, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa and Togo have abolished the death penalty for all crimes.
The Minister of Information, Publicity and Broadcasting Services Dr Jenfan Muswere announced last week that Cabinet had the endorsed the Bill hence the fate of the death penalty now rests in the hands of Parliament, who can vote in support or against it.
There is consensus among Parliamentarians, both left and right wing, that the death penalty need to be abolished, however there are different views regarding how the abolition should be done.
Last week, the Parliament of Zimbabwe debated the Bill, with some legislators arguing for abolition of death penalty through a constitutional amendment rather than an Act of Parliament, citing potential contradictions with Section 48 of the Constitution.
However, the Bill can still be passed as Section 48 leaves discretion to Parliament or the judiciary to execute or desist.
When the Bill becomes law, prisoners on death row will be brought before the High Court for re-sentencing, considering factors such as the nature of their crimes, time served, health, and likelihood of reoffending.
Prisoners will have the right to appeal to the Supreme Court against their new sentences and apply to the President for clemency in accordance with the Constitution.
The move has been widely celebrated across the divide with government, NGOs, and other sectors endorsing the move.
Amnesty International, a staunch advocate for the abolition of the death penalty, has firmly opposed it and expressed joy for the new development in Zimbabwe.
Khanyo Farise, Amnesty International’s Deputy Regional Director for East and Southern Africa, praised the decision as a significant step towards ending the death penalty, which is widely regarded as an inhuman form of punishment.
As the world watches, Zimbabwe is poised to become a shining example of progress in the global abolitionist movement, choosing mercy, compassion, and justice over retribution.
This commitment also reaffirms Zimbabwe’s dedication to upholding the fundamental right to life, as enshrined in the Universal Declaration of Human Rights.
The unequivocal denunciation of the death penalty by the cabinet paves the way for a more just and compassionate society, where life is cherished above all else.
