Cabinet Backs Abolition Of Death Penalty
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 The Herald, 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:
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.
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:
From these consultations, critical comments and views were expressed for, and against the death penalty.
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: Pindula News
