Public welcomes death penalty scrapping

THE move by the Government to abolish the death penalty has been welcomed with lawyers and human rights activists describing it as an archaic law that does not resonate with present times and Christian ethos and values.

Cabinet on Tuesday outlawed capital punishment following a nationwide survey carried out by the Ministry of Justice, Legal and Parliamentary Affairs, and development partners in 2023, where it was realised that the majority of citizens no longer wanted capital punishment in the country’s statutes.

The Swiss Embassy and the Centre for Applied Legal Research assisted the Ministry of Justice, Legal and Parliamentary Affairs in conducting the survey covering all 10 provinces with three districts being randomly selected in each province.

The present Constitution in 2013 marked the halfway point, limiting the potential use of the death penalty to aggravated murder by adult males under the age of 70, although there have been no executions since 2005.

City lawyer, Mr Tinashe Tashaya of Sengweni Legal Service, said he believed that no one has the right to take another person’s life except God.

“The concept is entirely outdated, and the modern world we live in doesn’t accommodate such acts of barbarism. We are a Christian nation and we should act accordingly,” he said.

“The Bible states that no one has the right to take anybody’s life and the decision by the Government to remove capital punishment is welcomed.”

Mr Tinashe Runganga of Tanaka Law Chambers said the penalty infringed on people’s right to life.

“Abolishing the death penalty is in line with the provisions of the Constitution and we welcomed it. There are measures to prevent crime and therefore enforcing the eye for an eye concept will leave the world blind and shattered,” he said.

Human rights activist, Ms Lindile Ndebele said: “No one has the right to take anybody’s life.

“For several years our Government searched for a hangman and no one answered the call. This is a sign that no one in their rightful mind and conscience would have taken up such a job.”

Ms Ndebele said the abolishment of the death penalty is not aimed at justifying murder but should be viewed as a way of trying to assist criminals to reform.

A street vendor, Ms Thithibele Dube said: “It’s all the same to me whether a person is given the death penalty or life in prison. He or she will die at the end of the day. They should be given life sentences with hard labour.”

However, a local entrepreneur Mr Kumbirayi Sithole said the death penalty is a necessity, especially for those who commit heinous crimes.

“Why should they be left to mingle with normal citizens when they are capable of committing atrocious crimes such as raping minors and the elderly?

“We have people who use guns and other forms of weaponry that leave nothing for the imagination to terrorise other citizens,” he said.

“The death penalty should be enforced on rapists, murderers and paedophiles. Their crimes are unforgivable and think of the emotional scars they leave on families and even on their victims,” he said.

According to a study by the World Coalition Against Death Penalty (WCADP), as of 2023, the death penalty was still implemented in 30 African countries. However, no executions were carried out in the last decade in 16 of these countries.

In 14 countries, instead, the death penalty was regularly implemented. In 26 African countries, capital punishment has been abolished.

WCADP and the International Federation of Action by Christians for the Abolition of Torture, have joined together in a project whose main objective is to contribute to the total abolition of the death penalty in sub-Saharan Africa.

In a post-Cabinet media briefing on Tuesday, Information, Publicity and Broadcasting Services Minister Dr Jenfan Muswere said following public consultations, the Cabinet resolved to abolish the death penalty.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi presented before Parliament the report on the Memorandum on the Private Member’s Death Penalty Abolition Bill, in his capacity as the chairperson of the Cabinet Committee on Legislation.

Dr Muswere said in place of the death penalty, the Cabinet resolved that those who commit heinous crimes should face lengthy sentences without violating the right to life.

The minister said 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.

Dr Muswere said the existence of aggravating circumstances may, however, attract life sentences.

He said the abolishment of the death penalty is also in line with international dictates and wide consultations conducted countrywide.

A Private Member’s Bill was introduced in the National Assembly, and its main purpose was to abolish the death penalty in Zimbabwe through the amendment to the Criminal Law Code and the Criminal Procedure and Evidence Act.