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The Parliament of Zimbabwe is set to start public hearings to abolish the death penalty on Monday. The public hearings will be led by the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs, <a href="https://www.newsday.co.zw/local-news/article/200026352/public-hearings-on-death-penalty-begin">reported NewsDay</a>.
The Member of Parliament for Dzivaresekwa, Edwin Mushoriwa (CCC), raised the motion for the introduction of the Abolition of the Death Penalty Bill in Parliament in 2023 and in February 2024, Cabinet agreed to abolish the death penalty for murder offences.
In 2005, Zimbabwe carried out its most recent execution, even though 62 convicted prisoners currently await their fate on death row.
The Zimbabwean Constitution upholds the death sentence, but it specifically excludes women, men under the age of 21, and men over the age of 70 from execution.
Since 1976, more than 85 nations have abolished the death penalty for all crimes, while others have abolished it for ordinary crimes. Portugal was the first to abolish the death penalty for all crimes in 1976.
The global trend leans toward abolition, and opponents of capital punishment argue that it is not a more effective deterrent than life imprisonment.
However, supporters of the death penalty claim it deters potentially violent offenders who are not sufficiently restrained by the threat of imprisonment alone.
Zimbabwe’s current President, Emmerson Mnangagwa is strongly opposed to the death penalty after he reportedly avoided the hangman’s noose on a technicality during the colonial era.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Public Hearings On Death Penalty To Commence Next Week

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi has said the adverse report on the Death Penalty Abolition Bill by Parliament’s Legal Committee (PLC) will not stop the Bill from sailing through both Houses of Parliament.
On one hand, the PLC argued that the Constitution allows the death penalty for aggravated murder by an adult and so abolishing the death penalty requires a constitutional amendment.
On the other hand, supporters of the Bill argue that the Constitution simply allows Parliament to pass a law allowing the death penalty but does not require Parliament to do so.
In an interview with <a href="https://www.herald.co.zw/death-penalty-abolition-on-course/">The Herald</a> on Sunday, Ziyambi said the Cabinet had already adopted a decision to support the Bill, therefore, he did not expect the PLC’s adverse report on the Bill to affect it. Said Ziyambi:
<blockquote>
We have noted the adverse report from the PLC in its exercise of its mandate to scrutinise all Bills and Statutory Instruments coming before Parliament.
There will be an engagement of all stakeholders so that nothing will stall its passage. There are a number of ways to deal with it; one of which includes to have the PLC to withdraw its adverse report.
But the bottom line is the Bill is on course to sail through Parliament. Remember, Cabinet has given its nod to have the Bill sail through Parliament.
</blockquote>
The proposed law was brought to Parliament through a Private Members Bill by Dzivarasekwa legislator Edwin Mushoriwa (CCC).
In presenting the adverse report, PLC chairperson Itayi Ndudzo (ZANU PF), who is the Hwedza South MP, said they felt that its enactment contravened Section (2) and Section 48 (2) of the Constitution in that it sought to abolish what has been permitted by the Constitution. Ndudzo said:
<blockquote>
It is inconsistent with the spirit and purpose of Section 48 (2) which is permissive to a death penalty law being enacted. Section 328 (1) of the Constitution of Zimbabwe defines a Constitutional Bill as a Bill that seeks to amend the Constitution.
Subsection (2) further states that an Act of Parliament that amends the Constitution must do so in express terms. The import of the Death Penalty Abolition Bill in fact, seeks to amend the provisions of the Constitution, in particular Section 48 (2) of the Constitution. The Bill is not a Constitutional Bill as it does not expressly state that it seeks to amend the Constitution.
Therefore, the proposed Bill takes away the permissive intention of the Constitution to have a death penalty and in any case, if any amendment is to be proposed on the death penalty, it is our considered opinion that it has to be introduced as a Constitutional Amendment Bill.
</blockquote>
However, commenting on the PLC report in the National Assembly last week, Mushoriwa said he did not agree with their observations.
Mushoriwa said Section 48 of the Constitution seeks to protect the right to life which is what his Bill seeks to achieve. He added:
<blockquote>
The second issue is that if you read Section 48 (2), it says a law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances.
“The key word there is ‘may’. It is not saying a law must. What has happened, Honourable Chair, is that the death penalty is not a creation of the Constitution, but what has happened is that the framers of the 2013 Constitution gave that power to the people of Zimbabwe and to their Parliament to either make a law or not to make a law that introduces a death penalty.
This is the reason, I believe that the point of departure which I believe the Committee erred is not to remove or to temper with the provision.
The power of the Constitution is not being taken away. In fact, what this means is that this Parliament should pass this Bill and I am glad that two days ago, the Cabinet of Zimbabwe led by President Emmerson Mnangagwa approved the principles of this Bill having gone through the various technical support in the Ministry of Justice, Legal and Parliamentary Affairs and the other arms of Government.
</blockquote>
Amnesty International recently commended the move by Zimbabwe’s cabinet to back abolition of the death penalty saying capital punishment “has no place in our world.”
At independence in 1980, there were nine crimes punishable by death under Zimbabwean law. Currently, offenders cab be sentenced to death for three offences, namely treason; where the act of insurgency, banditry, sabotage or terrorism results in the death of a person; for murder and for attempted murder or incitement or conspiracy to commit murder.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Nothing Can Stop Death Penalty Abolition Bill - Ziyambi

Zimbabwe is set to abolish the death penalty, and life imprisonment will become the maximum sentence for aggravated murder.
Speaking after a Cabinet meeting on Tuesday, 06 February, Information, Publicity and Broadcasting Services Minister Jenfan Muswere said that while approving the Bill to abolish the death penalty, Cabinet still wanted the new law to impose lengthy sentences to deter murder.
As reported by <a href="https://www.herald.co.zw/cabinet-backs-death-penalty-removal/">The Herald</a>, it was agreed that the circumstances that attracted the death penalty in the past, where the murder was committed against a prison or police officer, or a minor or pregnant woman, or was committed in the course of other serious crimes or where there was pre-meditation, then a suitable severe penalty was needed. Said Muswere:
<blockquote>
Given the need to retain the deterrent element in sentencing murderers, it is expected that the new law will impose lengthy sentences without violating the right to life.
</blockquote>
The Private Member’s Bill, which seeks to abolish the death penalty and was backed by Cabinet yesterday, was introduced in the National Assembly in 2023.
The Bill seeks to abolish capital punishment through the amendment to the Criminal Law Code and the Criminal Procedure and Evidence Act.
Last year, there were countrywide grassroots consultations in 30 districts, three districts in each of the 10 provinces in the country on the death penalty and a report was produced. Said Muswere:
<blockquote>
From these consultations, critical comments and views were expressed for, and against the death penalty.
</blockquote>
The Constitution of Zimbabwe protects the right to life but states that a law may permit a court, in limited circumstances, to impose the death penalty on men convicted of aggravated murder.
Clause two of the Bill will prohibit courts from imposing a death penalty and when the Supreme Court hears an appeal against capital punishment emanating from the High Court, it is obliged to replace it with another sentence.
Clause Three will amend the Criminal Procedure and Evidence Act by deleting references to the death penalty and repealing sections that set out how the penalty is to be imposed and carried out.
Clause Four will remove a reference to the death penalty from section Four of the Genocide Act, which allows it to be imposed for the crime of genocide.
If the Bill is passed into law, prisoners under sentence of death will be brought before the High Court for re-sentencing.
The court will have the power to impose any appropriate sentence on them, taking into account all the circumstances including the nature of the crimes they committed, the length of time they have been in prison awaiting execution, their health and the likelihood of their committing further crimes.
However, such prisoners can appeal to the Supreme Court against their new sentences and are allowed to apply to the President for clemency under Section 112 of the Constitution.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Cabinet Backs Abolition Of Death Penalty

High Court judge Justice Munamato Mutevedzi on Wednesday, 12 July sentenced <a href="https://pindula.co.zw/Tapiwa_Makore">Tapiwa Makore’s</a> killers to death, reported <a href="https://www.hmetro.co.zw/breaking-news-tapiwa-makore-killers-sentenced-to-death/">H-Metro</a>.
Tafadzwa Shamba was last month convicted of murder while the boy’s uncle and namesake, Tapiwa Makore was found guilty of being an accomplice.
Justice Mutevedzi ordered that both Shamba and Makore are to be returned to custody, and death sentences will be initiated on them.
During the trial, it was established that the duo killed and mutilated the then seven-year-old boy to boost Tapiwa Snr’s cabbage business.
Tapiwa was a Grade One learner at Nyamutumbu Primary School and his teacher, Keresia Makamure, described him as an intelligent, obedient child whose future was bright.
The boy was sent by his parents to look after the garden on the morning of 17 September 2020.
Later that day, Tapiwa’s parents went to the garden to do some watering and found that their son was missing.
His parents and some villagers started searching for him and the search was conducted until midnight but they could not find him.
On the following day, 18 September, in the morning, a neighbour reportedly woke up and discovered his dog and its puppies feasting on human body parts in his yard.
He then informed Tapiwa’s parents and a report was made to the police. The body’s head was missing.
Several arrests people were arrested in connection with the murder, including Thanks Makore, Tapiwa’s uncle amid allegations that he was given the boy’s head and arms.
Thanks was said to be a twin brother of Tapiwa Makore Snr, and a cousin of Munyaradzi Makore, Tapiwa Makore Jnr’s father.
On 13 October 2022, Justice Mutevedzi formally acquitted Thanks Makore and another suspect Moud Hunidzarira of the murder of Tapiwa Makore Jnr at the close of the prosecution case.
Hunidzarira of Budiriro, Harare, was arrested during the weekend of 31 October and 01 November 2020 following a tip-off by the public.
It was alleged that she was in Murewa when the murder occurred and a few days later was seen by some neighbours in Harare, cleaning an item that had blood.
However, the State withdrew the charges against the two for lack of incriminating evidence.
Meanwhile, the Government is considering abolishing the death penalty. The Ministry of Justice, Legal and Parliamentary Affairs conducted nationwide consultations with the public and various stakeholders on a proposed move to abolish the death penalty.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Tapiwa Makore's Killers Sentenced To Death

A number of people, including two women, have applied for the hangman post.
The applicants may, however, have to wait a little longer to find out if they will get the job as the Government is considering abolishing the death penalty.
The recruitment process has been shelved, for now.
The Ministry of Justice, Legal and Parliamentary Affairs conducted nationwide consultations with the public and various stakeholders on a proposed move to abolish the death penalty.
Justice, Legal and Parliamentary Affairs Permanent Secretary Virginia Mabiza told <a href="https://www.sundaymail.co.zw/hangman-job-hangs-in-the-balance">The Sunday Mail</a> they are now awaiting funds from Treasury to complete the exercise. She said:
<blockquote>
I am told that consultations were done in all provinces, but they managed to carry them out in three districts per province.
They then intend to go back to the Government with their findings.
We are going to make a summary and recommendations to Cabinet.
Once Treasury provides the funds, we will start the process by July and expect to complete it by, say, September. By year-end, all will be done.
</blockquote>
President Emmerson Mnangagwa, who reportedly avoided the hangman’s noose during the liberation struggle on a technicality, has called for the abolition of the death sentence.
Section 48 of the Constitution allows the execution of convicts aged between 21 and 70, but women are spared from the death penalty.
Supporters of the death penalty argue that the prospect of facing the ultimate punishment may discourage potential offenders from committing certain crimes.
Another argument is that the death penalty provides a sense of justice for victims and their families.
However, those who are against capital punishment believe that there is a risk of executing innocent people.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Two Women Apply For Hangman Job

The Ministry of Justice, Legal and Parliamentary Affairs says it will seek public opinion on the issue of capital punishment at the grassroots level this month as it drafts a Death Penalty position in Zimbabwe. 
Zimbabwe is one of the countries that have the death penalty on its statute books.
In Zimbabwe, the law says that the death penalty must be carried out by hanging the condemned person by his neck until he is dead.
Now the Ministry of Justice wants to establish whether the death penalty is still widely supported by Zimbabweans or whether the majority now consider it barbaric. A statement issued by the Ministry of Justice reads:
<blockquote>
The Ministry of Justice, Legal and Parliamentary Affairs with the support from Centre for Applied Legal Research (CALR) and the Embassy of Switzerland is in the process of drafting a death penalty position in Zimbabwe.
After convening a High-Level Consultative meeting on the subject matter to inform policy formulation and law reform agenda, several recommendations were proffered in the meeting. One major reason highlighted was to amass public opinion on the subject matter.
Against this backdrop, the Ministry shall hold consultations at the grassroots level in March 2023 across the country’s provinces.
Additionally, the Ministry will conduct preliminary Training of Trainers with Case Care Workers, Village Health Workers and Youth Officers in anticipation of the actual consultations to capacitate the cadres on mobilisation of participants ahead of the consultations.
The aim is to capacitate the cadres on mobilisation of participants ahead of the actual consultations to obtain a clear and unbiased representation of the community.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Ministry Of Justice To Seek Public Opinion On Death Penalty

Amendments to the Criminal Law (Codification and Reform) Act which were approved by Cabinet last Tuesday are set to introduce tough penalties for citizens found guilty of harming the country’s national interests.
Citizens who would invite a military attack on Zimbabwe from a hostile foreign government through private correspondence will face the death penalty or life imprisonment.
Those who campaign for economic sanctions and trade restrictions would be liable to imprisonment for a period of up to five years.
According to the proposed new law, citizens who actively encourage sanctions on Zimbabwe would be barred from voting, registering as voters, and holding public office for up to 15 years. Reads the Bill’s memorandum:
<blockquote>
Our Constitutional order of Zimbabwe that is based on parliamentary democracy affords many avenues for aggrieved citizens to redress their wrongs, including against the State.
It is therefore improper for citizens and residents of Zimbabwe to implement measures that undermine our sovereignty, dignity and independence as a nation. This (new) clause will criminalise such conduct.
</blockquote>
According to the Bill, any citizen or permanent resident of Zimbabwe who actively participates in meetings whose object involves imposing sanctions or trade embargo against Zimbabwe shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe. It reads:
<blockquote>
Upon conviction, the courts can impose a fine not exceeding level 10 or imprisonment for a period not exceeding five years, or both; additionally or alternatively on the motion of the prosecutor, to any one or more of the following, if the offence is attended by aggravating circumstances — termination of the citizenship of the convicted person, if the convicted person is a citizen by registration or a dual citizen: Provided that the convicting court shall not impose this penalty if it would effectively render the convicted person stateless; cancellation of the permanent resident status of the convicted person, if the convicted person is a permanent resident; or prohibition from being registered as a voter or voting at an election for a period of at least five years but not exceeding fifteen years.
</blockquote>
The Bill also says those convicted of actively encouraging sanctions will be prohibited:
<blockquote>
… from filling a public office for a period of at least five years but not exceeding fifteen (15) years, and, if he or she holds any such office, the convicting court may declare that that office shall be vacated by the convicted person from the date of his or her conviction, unless the tenure of the public office in question is regulated exclusively by or in terms of the Constitution.
</blockquote>
If the amendments are passed into law, Zimbabwean citizens who call for military or other armed intervention in Zimbabwe by a foreign government will face the death penalty. It reads:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, actively partakes (whether himself or herself or through an agent, and whether on his or her own initiative or at the invitation of the foreign government concerned or any of its agents, proxies or entities) in any meeting whose object the accused knows or has reasonable grounds for believing involves the consideration of or the planning for – military or other armed intervention in Zimbabwe by the foreign government concerned or another foreign government, or by any of their agents, proxies or entities; or subverting, upsetting, overthrowing or overturning constitutional government in Zimbabwe; shall be guilty of wilfully damaging the national interest of Zimbabwe and liable to — the same penalties as for treason; or the same penalties as for subverting constitutional government, in a case referred to in paragraph (b).
</blockquote>
ZANU PF director for information and publicity, Tafadzwa Mugwadi, welcomed the Bill, saying “national interests are sacrosanct to all Zimbabweans, notwithstanding their differences, political or otherwise.” | <a href="https://www.sundaymail.co.zw/jail-no-voting-rights-for-the-unpatriotic">The Sunday Mail</a>

Death Penalty, No Voting Rights For "Traitors"

Exiled former ZANU PF Politburo member Professor Jonathan Moyo says President Emmerson Mnangagwa’s claims that he escaped the Rhodesian hangman’s noose in 1965 because he was underage are false.
Prof Moyo said the “lie” was previously exposed by Jonathan Chando and has now been confirmed by Eddie Cross, Mnangagwa’s biographer. Below is Prof Moyo’s <a href="https://twitter.com/ProfJNMoyo/status/1430923279762608129">Twitter Thread</a> in which he attempted to substantiate the allegations:
<blockquote>
MNANGAGWA’S CLAIM THAT HE WAS SENTENCED TO DEATH in 1965 and escaped the penalty because he was underage, is a MYTH, that is a LIE, as previously revealed by Jonathan Chando &amp; now confirmed, behind Mnangagwa’s back, by Eddie Cross in “A LIFE OF SACRIFICE: Emmerson Mnangagwa”!
THROUGHOUT HIS POLITICAL CAREER, Mnangagwa has claimed that he was sentenced to death for blowing up locomotive No 510 in Masvingo in 1964, but was not executed because he was underage. He repeated the lie in April 2021 in his @SundayMailZim interview with @VictoriaRuzvid2!
IN A REVEALING AND DAMAGING DISCLOSURE, which confirms Jonathan Chando’s previous reports, Eddie Cross reproduces (p.23) the 1965 court record, which is missing from the National Archives, in which the judge found that: “I DO NOT THEREFORE PROPOSE TO SENTENCE YOU TO DEATH”!
ON PAGE 21 OF HIS BOOK, Eddie Cross reproduces from the 1965 Court record a case summary by the then-Attorney General which refers to Mnangagwa as “residing at some place to the prosecutor unknown in ZAMBIA”. This explains why Mnangagwa was deported to Zambia, on his release!
ON PAGES 18-20 EDDIE CROSS reproduces from the revealing 1965 court record photographs of locomotive No 510 which was damaged by the explosives placed by Silas SIZIBA, the expert implicated by Mnangagwa and the place where fragments of the explosives were found by BSA police!
EDDIE CROSS reproduces from the 1965 court record Mnangagwa’s warned &amp; cautioned statement signed on 17 Jan 1965 which: *Gives his full names as Emmerson DAMBUDZO *Implicates Noah GUMBOCHENA, as the source of the explosives &amp; Silas SIZIBA, as an expert on how to use them!
THE FACT THAT MNANGAGWA’S 1965 court record went missing from the National Archives long ago, only to resurface in the Eddie Cross book, has RAISED SECURITY EYEBROWS. Mnangagwa is hostile to books; he did not know his 1965 record is in his biography, before its publication!
</blockquote>
<h4>More: <a href="https://zero.pindula.co.zw/">Pindula News</a></h4>

Jonathan Moyo Says It's A Lie Mnangagwa Escaped Death Penalty During Rhodesia Era | FULL THREAD

Chinese state broadcaster CCTV reported that a former top banker accused of taking $260 million worth of bribes, other forms of corruption and bigamy has been put to death.
Lai Xiaomin was executed on Friday by a court in the northern city of Tianjin, CCTV said.
Lai was a former chairman of Huarong, one of China’s largest state-controlled asset management firms.
CTV quoted the Chinese Supreme People’s Court, which reviewed and approved the execution order, as saying:
<blockquote>The number of bribes received by Lai Xiaomin was extremely large, the crime’s circumstances were particularly serious and the social impact was particularly severe.</blockquote>
Lai was convicted and sentenced earlier this month on allegations of using his position to embezzle more than 25 million yuan ($3.8 million) in public funds between 2009 and 2018.
He was also found guilty of bigamy after living with a woman outside of his marriage and fathering illegitimate children.
While the report by CCTV did not disclose how Lai was put to death, it said he was allowed to meet with close relatives before his death.
Chinese courts have a conviction rate of over 99 per cent, and it is very rare for a death sentence to be overturned.
<h4>More: <a href="https://www.france24.com/en/asia-pacific/20210129-china-executes-ex-banker-lai-xiaomin-in-corruption-bigamy-case" rel="noopener noreferrer" target="_blank">France24</a></h4>

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