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Yoliswa Dube
SIXTY-TWO-year-old Danis David Konson of Parklands in Bulawayo is on death row and will die by hanging for the murder of Siphathisiwe Ncube, 28, after a ruling made by Justice Lawrence Kamocha at the Bulawayo High Court recently.
Konson killed Ncube after she walked out of their three-year relationship, even after he had wrought her with gifts, opened a grocery store for her in Lupane and barraged her with letters promising her a good life.
Konson admitted the September 10, 2013, shooting but had pleaded not guilty, claiming that the killing had been accidental. He said he was “confused and in a blackout” after walking in on Ncube and finding her with her new lover.
Justice Kamocha however said Konson had planned to kill by taking his CZ 6,35mm pistol for the visit to Ncube, who told him in a letter that she had found a new man and was now married. Ncube was shot twice in the face and once on the thigh. She died instantly.
Konson’s sentence comes at a time when the country’s new constitution reserves the death penalty on women, giving rise to debate on the issue of gender equality, whether or not murder is a less crime when committed by a woman.
Chapter (2) of the new constitution states that a law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and the penalty may be carried out only in accordance with a final judgment of a competent court.
It goes on to say the penalty must not be imposed on a person who was less than 21 years old when the offence was committed; or who is more than 70 years old and the penalty must not be imposed or carried out on a woman.
Meanwhile, Padare/Enkundleni/Men’s Forum on Gender spokesperson Walter Mawere said the clause in the country’s constitution citing that the death penalty should not be imposed on women is gender insensitive.
He said if a woman commits the same crime as a man and under the same circumstances, the penalty should be the same.
“The clause in the new constitution that the death penalty should not be imposed on women is gender insensitive. If a woman commits the same crime as a man and under the same circumstances, the punishment should be the same,” he said.
Mawere added that the clause somewhat reinforces gender stereotypes that women are inferior to men. “We acknowledge that there should be equal opportunities among men and women. We view women as our equals,” he said.
Furthermore, Mawere noted that they were against the death penalty, adding that it was not a necessary tool for law enforcement.
“Why should we kill people? We would rather have that person sentenced to 300 years in prison rather than have them killed,” he said.
However, a local magistrate who spoke on condition of anonymity said the reason why the law is lenient on women is because they have low recidivism and most usually have minor children to take care of.
Recidivism is the act of a person repeating an undesirable behaviour after they have either experienced negative consequences of that behaviour, or have been treated or trained to refrain from such behaviour.
The magistrate was nonetheless quick to note that men also have children to take care of but the women’s plight becomes more crucial due to the fact that they have to breastfeed among other tasks.
He however said the reasoning of the legislature was pushed too far highlighting that leniency on women should have been on any other sentence and not the death penalty.
“The reasoning of the legislature was pushed too far and the aspect of leniency should have been on any other sentence and not the death penalty. I don’t think this move for leniency was a good idea.
“Men and women have the same responsibilities although the impact is greater when a woman is convicted of a crime, that is if that particular woman has a baby,” he said.
Local lawyer Primrose Ncube said it was ironic that the same women clamouring for equal rights find comfort with exceptions in certain areas.
“I do not think that it makes sense to have such a clause considering that women have been saying they want to be treated as equals to their male counterparts. Why then should they be comfortable with having the upper hand only in certain instances.
“If they want to be treated equally with men, it should be in all aspects including the law.
“If men and women are equal then this should be reflected in the courts. It is either the death penalty is abolished altogether or it is imposed on both men and women who commit murder under aggravating circumstances,” she said.
Zimbabwe recently found a new hangman following an eight-year search. The man from Malawi took up the post left vacant when the last country’s hangman retired in 2005.
Two women and 74 men are said to be on death row. Some of the convicts on death row were convicted more than 14 years ago and were still appealing their cases when the previous hangman retired.
Since Zimbabwe’s new constitution now exempts women and anyone under the age of 21 or above 70 from the death penalty, the women who are on death row could be spared the noose.
Just last year, Amnesty International called on Zimbabwean authorities to completely abolish the death penalty.
“The death penalty should be abolished fully regardless of gender and the circumstances in which a crime was committed,” said a representative of Danis David Konson at High Court recently.
Online Reporter