Zimbabwe is taking a significant step towards abolishing the death penalty with new amendments to the Death Penalty Abolition Bill, 2023.
The proposed changes will see those convicted of murder facing life imprisonment, while the President’s powers, to apply the death penalty will be curtailed.
These amendments represent a substantial shift in Zimbabwe’s stance on capital punishment, a practice that has faced increasing scrutiny from human rights organizations.
The death penalty, also known as capital punishment, involves putting a person to death as punishment for a crime. In Zimbabwe, the practice dates back to the colonial era. Before the adoption of the Constitution Amendment Number 20 of 2013, the death sentence could be applied to serious criminal offences such as murder, attempted murder, incitement to commit murder, treason, genocide, and acts of terrorism.
Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, has proposed amendments that would replace the death sentence with long-term imprisonment for those convicted of murder and other serious crimes.
According to the proposed changes to Clause 5 of the Death Penalty Abolition Bill, 2023 (H.B. 5, 2023), individuals convicted of murder would now face life imprisonment or a sentence of no less than 20 years if the crime was committed under aggravating circumstances.
In cases where there are no aggravating factors, the convict would face life imprisonment or a term ranging from five to 15 years, depending on the circumstances.
Additionally, a new clause has been introduced in the Death Penalty Abolition Bill, amending Chapter 11:02 of the Defence Act.
This amendment limits the President’s authority over the death penalty as Commander-in-Chief of the Defence Forces. “For the avoidance of doubt, it is declared that the President’s prerogative power in his or her capacity as the Commander-in-Chief of the Defence Forces is abridged or amended to the extent expressly provided by this Act,” explained the justice minister.
Under the new Section 116, titled ‘Suspension of Death Sentences Imposed Under This Act,’ the death penalty is suspended except during states of public emergency as defined by the Constitution.
Although the justice minister highlighted that the Bill aims to balance justice for victims of serious crimes while respecting the dignity of human life, the amendment allows flexibility during national crises, indicating a cautious approach towards fully abolishing the death penalty.
During states of emergency, the suspension is lifted automatically but resumes once the emergency is revoked.
“Subject to this section, the death penalty under this Act is suspended with effect from the enactment of the Death Penalty Abolition Act 2024, and such suspension shall remain in force except for the duration of any state of public emergency declared in terms of Section 113 of the Constitution. In the event that such a declaration is made, the suspension is automatically lifted with effect from the date when the declaration is made, and shall again come into force automatically upon such declaration being revoked or ceasing to have effect in terms of Section 113(4) of the Constitution,” said the justice minister.
Significantly, death sentences imposed by military courts will be commuted to life imprisonment, with a minimum term of 20 years before eligibility for release, unless a military court determines a lesser term. Sentences handed down by military courts will now be automatically referred to the Court Martial Appeal Court for confirmation or re-sentencing, without the need for a formal appeal.
“For the avoidance of doubt, it is declared that the provisions of this Act concerning the death penalty shall have full force with effect from the date when any state of public emergency is declared in terms of Section 113 of the Constitution, up to the date when such declaration lapses or ceases to have effect in terms of Section 113(4) of the Constitution (whether in the interim the declaration has been renewed or not),” Ziyambi stated.
Public hearings held in May this year revealed that most Zimbabweans support the abolition of the death penalty. They cited reasons such as the country’s inadequate investigative capabilities, gender discrimination, and the colonial roots of the death penalty.
Read more: https://cite.org.zw/byo-residents-call-for-abolition-of-death-penalty-at-public-hearing/
