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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 moving to abolish death sentences in line with the Constitution enacted in 2013 which abolished mandatory death sentences and limited the death penalty to cases of murder “committed in aggravating circumstances”. The constitution bars death sentences for women and men aged under 21 or over 70 at the time of committing the crime. A draft Death Penalty Abolition Bill to amend two Acts of Parliament has undergone revisions over the years. We present the 2023 version below.
<blockquote>
DEATH PENALTY ABOLITION BILL, 2023 
_________________ 
Memorandum
Section 48 of the Constitution 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. Section 48 is permissive, and its effect is that Zimbabwean law does not have to provide for the death penalty, even for murder. The penalty has not in fact been carried out in Zimbabwe for more than 15 years.
This Bill will accordingly abolish the death penalty in Zimbabwe.
The individual clauses of the Bill provide as follows:
Clause 1
This clause sets out the Bill’s short title.
Clause 2
This clause will prohibit any court from imposing the death penalty. It will also state that if the Supreme Court hears an appeal against the death sentence it must substitute some other appropriate penalty. The clause will also prohibit anyone from carrying out a death sentence that has previously been imposed.
Clause 3
This clause 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 4
This clause will remove a reference to the death penalty from section 4 of the Genocide Act, which allows it to be imposed for the crime of genocide. Since the section allows the death penalty to be imposed even for conduct that does not amount to murder committed in aggravating circumstances, it is unconstitutional. For that reason alone the section needs to be repealed.
Clause 5
This clause will remove references to the death penalty from various sections of the Criminal Law Code. The effect of the clause is that the maximum penalty for murder will be imprisonment for life.
Clause 6
This clause will remove a reference to the death penalty from section 3 of the Geneva Conventions Act, which allows the penalty to be imposed for grave breaches of the Conventions, even if they do not involve murder.
Clause 7
This clause will provide for the re-sentencing of prisoners who are under sentence of death (i.e. awaiting execution) when the Bill becomes law. These prisoners will be brought before the High Court for re-sentencing, and the court will have 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. The prisoners will be entitled, if they so wish, to appeal to the Supreme Court against their new sentences.
</blockquote>
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Update On Zimbabwe's Death Penalty Abolition Bill

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

Amnesty International (AI) has welcomed the abolishment of the death penalty in Zambia.
Zambia’s President Hakainde Hichilema on Friday 23 December 2022 announced that he had assented to a law banning the death penalty and the offence of criminal defamation of the president.
Responding to this development, Amnesty International’s Regional Director for East and Southern Africa, Tigere Chagutah said:
<blockquote>
Amnesty International welcomes the announcement by President Hichilema that the death penalty has been abolished in Zambia. This is a good and progressive move that shows the country’s commitment to protecting the right to life.
Amnesty International welcomes the announcement by President Hichilema that the death penalty has been abolished in Zambia. This is a good and progressive move that shows the country’s commitment to protecting the right to life.
We also commend President Hichilema for quashing the offence of criminal defamation of the president, used until recently to muzzle free speech and unjustifiably limit freedom of expression in the country.
With the abolition, Zambia is the 25th country in sub-Saharan Africa to abolish the death penalty for all crimes.
Zambia’s decision to ban the death penalty should serve as an example to countries in the region that still use the death penalty and compel them to take immediate steps to end this cruel, inhuman and degrading form of punishment and protect the right to life.
</blockquote>
AI also urged Zambia authorities to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. | <a href="https://www.amnesty.org/en/latest/news/2022/12/zambia-amnesty-international-welcomes-the-abolishment-of-the-death-penalty/">Amnesty International</a>

Amnesty International Welcomes Abolishment Of Death Penalty In Zambia

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"

<h2>Full statement by the Zimbabwe Human Rights NGO Forum marking World Day Against the Death Penalty.</h2>
<blockquote>
10 October 2022
World Day Against the Death Penalty was first organised by the World Coalition Against Death Penalty in 2003.
It is now observed annually on October 10. Commemoration of such a day mobilises civil society, political actors and leaders, lawyers, opinion leaders and more towards supporting the clarion call for the universal abolition of capital punishment. The Zimbabwe Human Rights NGO Forum (the Forum), a coalition of 22 human rights organisations joins the rest of the world in observing this day to complement the existing global movement against the death penalty.
A myriad of organisations and world leaders hold that the death penalty breaches specific human rights, particularly, the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment.
Both imperatives are protected under the Universal Declaration of Human Rights (UDHR) which was adopted by the United Nations in 1948.
As the world stands up against the death penalty, it is sad to note that it remains a key element of Zimbabwe’s Penal Statute, namely, the Criminal Law (Codification and Reform) Act (Chapter 9:23]; the Criminal Procedure and Evidence Act (Chapter 9:07) as well as the Defence Act [Chapter 11:02).
The supreme law of Zimbabwe (2013 Constitution of Zimbabwe) still imposes the death penalty.
Apart from the constitution still embodying such an archaic clause, the provision itself is manifestly discriminatory on the ground of age and gender as it excludes persons below 21 and above 70 years of age and women.
The Forum is particularly concerned with the correlation between the use of the death penalty and torture or other cruel, inhuman, and degrading treatment or punishment.
In the case of Zimbabwe psychological torture from the mental anguish of anticipating execution resulting from the lack of a hangman and other delays remains a cause for concern.
This practice extends to secondary victims such as families or those with close relationships with the sentenced person.
Capital punishment consequently encroaches upon a spectrum of constitutional rights and freedoms that include the right to human dignity, the right to personal security which incorporates the right to bodily and psychological integrity, the right to not be subjected to cruel, inhuman or degrading treatment or punishment as well as the right to life.
The Forum notes that no known execution has occurred in Zimbabwe since 22 July 2005. The Forum commends the significant inroads made towards abolishing the death penalty made by the incumbent President of the Republic of Zimbabwe, President Emerson Mnangagwa.
Through Clemency Order No. 1 of 2018, President Mnangagwa reduced to sentences of prisoners on death row for more than 10 years to life imprisonment.
This meant that any death row inmate sentenced before 10 March 2008 no longer faced execution. Some Zimbabwe death row inmates have also benefited from a 2019 Presidential Amnesty aimed at decongesting prisons in the wake of the COVID-19 pandemic resulting in 6 death row inmates being set free out of a total of over 4000 prisoners amnesty beneficiaries.
The Forum, however, notes with great concern that despite efforts on the part of the Government to move away from the imposition of the death penalty through the clemency order and presidential amnesty, more than 80 prisoners currently remain on death row.
The Forum further notes that whilst there have been no known executions in Zimbabwe since 22 July 2005, courts have continued to sentence prisoners to death row.
It is against this background that the Forum urges the Government of Zimbabwe to:
<ol>
<li>Abolish the death penalty as it undermines human dignity and clearly violates the state’s human rights obligations.</li>
<li>fulfil its obligations arising from the Constitution, and regional and international treaties to that espouse the respect, protection, promotion and fulfilment of all human rights and fundamental freedoms and</li>
<li>adhere to international human rights best practices, standards and principles relating to the rights of persons deprived of their liberty and demonstrate such willingness and commitment by: </li>
</ol>
</blockquote>
<ul>
<li>
<blockquote>immediately refraining from fast-tracking enactment of repressive legislation aimed at constricting what is left of the civic and political space in Zimbabwe and instead, take proactive steps aimed at officially striking off the death penalty from statute books.</blockquote>
</li>
<li>
<blockquote>ratifying the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT) and its Optional Protocol.</blockquote>
</li>
</ul>

Forum Statement To Mark World Day Against The Death Penalty | Full Text

Justice Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said that Zimbabwe had no execution of persons on death role since 2013. He said President Emmerson Mnangagwa wants the death penalty to be abolished.
The Justice Minister revealed that the government intends to abolish the death penalty and that plans are already in motion to push for a Constitutional amendment. Ziyambi has this to say
<blockquote>From 2005 we have had no execution. The 2013 Constitution was an improvement from the previous one in that women can no longer be sentenced to death; those under the age of 21 are no longer sentenced to death, those over 70 are spared the death penalty,” said Minister Ziyambi.
Only males over 21 and below 70 can be sentenced to death, which we believe is a great improvement from the previous position that we had. The status quo was as a result of the consultation that was done through the Constitutional Parliamentary Committee (Copac). There was a vote that let us leave it there for now and this was captured in the Constitution.</blockquote>
<h2>Related:</h2>
<ul>
<li class="entry-title">
<h3><a href="https://news.pindula.co.zw/2018/05/25/death-penalty-needs-to-be-abolished-un-tells-zim/">Death Penalty Needs To Be Abolished: UN Tells Zim</a></h3>
</li>
</ul>
More: <a href="https://www.chronicle.co.zw/government-pushes-to-abolish-death-sentence/" style="font-family: Raleway, Helvetica, Arial, sans-serif; font-size: 1.5rem;">Chronicle</a>

Government Considers Constitutional Amendment To Abolish Death Penalty

Addressing mourners at the burial of national hero Don Muvuti, President Robert Mugabe called for the restoration of the death penalty. Although capital punishment is still part of Zimbabwe’s law, no one has been executed since 2005, when the country’s last hangman retired.
Vice President Emmerson Mnangagwa has been working for the death penalty to be abolished. Said Mugabe:
<blockquote>Ini ndinoti death penalty ngaidzoke, VaMnangagwa vanoti ngatinzwei tsitsi, VaMphoko handisati ndanzwa pfungwa dzavo panyaya iyi. Asi shuwa kuurayana, handizvo zvatakaendera kuhondo, saka mukaona mutemo wadzoka zivai kuti robot rambenge riri regreen razoita red. ( I say let the death penalty be restored. Mnangagwa says let us be lenient, I do not know what Mphoko thinks on this issue. But we did not go to the liberation struggle for people to murder each other. So if you see the death penalty being restored just know the robot had been green now its red.)</blockquote>
This is not the first time Mugabe has openly supported the death penalty. In August while delivering a speech to mark Heroes Day commemorations at the National Heroes Acre, he called on the public to take up the hangman’s post. Said Mugabe at the time:
<blockquote>We are still debating whether to remove capital punishment. My Cabinet is divided about that and Mnangagwa wants it to be removed, but we are still considering. We now have many people on the death row. We are failing to get a hangman. If there is anyone brave, they should apply and we will appoint.</blockquote>
Last month Justice ministry secretary Virginia Mabhiza told <a href="https://www.newsday.co.zw/2017/10/50-apply-hangmans-post/">NewsDay</a> that they received more than 50 applications from people wanting to become hangmen. She said her office would soon go through the applications, but would not give a timeline as to when the appointment will be made. Said Mabhiza:
<div class="code-block code-block-2">
<blockquote>
<div>The response has been overwhelming and the applications have been from both men and women interested in taking up the position of hangman. We have received over 50 applications in the past few months. People are very interested.</div>
</blockquote>
</div>
The 2013 constitution exempts all women from the death penalty, as well as males under 18 and over 69 years old.

Mugabe opposes Mnangagwa on death penalty, calls for it to be restored

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