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Harare Burerau
THE death penalty will soon be removed from the country’s statutes as the Government takes into account the views Zimbabweans expressed in the new Constitution concerning the law’s relevance in safeguarding fundamental human rights. Justice, Legal and Parliamentary Affairs Minister Cde Emmerson Mnangagwa yesterday said it was the Government’s vision and the general feeling of the people that the death penalty should be abolished.
He was speaking during the commemorations of the International Day Against the Death Penalty in Harare.
“Following the adoption of the new Constitution which came about as a result of a successful referendum by all Zimbabweans across the social and political divide, there is no doubt as to the direction the country is taking with regard to this form of punishment,” said Cde Mnangagwa.
“As someone who has been on death row myself and only saved by an age technicality, I believe that our justice delivery system must rid itself of this odious and obnoxious provision. The mental torture occasioned by the mere knowledge that it is all over, coupled with the experience of being treated as the scum of society, bring with them utter hopelessness and despair.
“As a form of punishment, the death penalty has always attracted and continues to attract mixed feelings and reactions on its relevance in the various justice systems the world over. Zimbabwe is no exception to this contentious issue.”
According to the new Constitution, a person who was below 21 at the time of committing murder or who was over 70 at the time of being sentenced to death as well as female convicts, would be spared the death sentence.
Previously, only pregnant women or those convicted of the murder of newly-born children were not being sentenced to death.
Cde Mnangagwa said the theme of this year’s commemorations: “It is Time to Abolish the Death Penalty in Zimbabwe” was a clear reflection of the people’s feelings.
“The theme is timely as it pushes me and my ministry to consider whether this ultimate penalty is still relevant in safeguarding fundamental rights, such as the right to life,” he said.
“I am aware that there has been a raging debate on the subject of the death penalty with some of the arguments against it branding it as inhuman and degrading. Those in favour find it just and believe that justice can only be seen to have been done if certain categories of serious crimes are punishable by death.
“All these are important views which my ministry can not ignore in its quest to properly discharge its mandate.”
Cde Mnangagwa said his ministry had an important role to play in strengthening and upholding the rule of law and safeguarding basic fundamental human rights and freedoms for all Zimbabweans.
He said the people were clear on the abolishment of the death penalty by expressing their views in the new Constitution which now calls for the law to be applied in cases that have aggravated circumstances only.
“This represents a positive development in efforts to eventually remove the death penalty from our criminal justice system,” said Cde Mnangagwa.
“The Government, through my ministry, is committed to accepting and respecting all positive views around the issue of death penalty for the enhancement of the justice delivery system.”
There are 87 males and two females who were convicted of murder with actual intent or murder in the course of robbery and are on the death row.
The last executions were those of notorious and dangerous criminals Edmund Masendeke and Stephen Chidhumo in 2004 who were convicted of serious crimes of murder, rape and armed robbery.
The commemoration of the International Day Against the Death Penalty was attended by representatives of different organisations, including Amnesty International Zimbabwe, the Zimbabwe Women Lawyers Association, ambassadors and the Women’s Coalition.
Online Reporter