Support to extend death penalty to include drug peddlers gains traction

Ivan Zhakata

Herald Correspondent

While Zimbabwe has not carried out a death sentence for 18 years and there is a growing group of people wanting the penalty abolished, with some senior Government and opposition leaders included, there remains support in some areas for the death penalty for murder, and even an extension to other crimes, as consultations now in progress are finding out.

The Ministry of Justice, Legal and Parliamentary Affairs with support from the Centre for Applied Legal Research and the Embassy of Switzerland is in the process of coming up with a position on the death penalty in Zimbabwe through grassroots consultations.

Zimbabwe inherited at independence a plethora of criminal offences where death penalties were mandatory or permitted and after whittling them down steadily the 2013 Constitution left just one, for aggravated murder committed by an adult man.

On the other hand, the last hanging was in 2005 when two killers of a prison officer they murdered as they escaped were hanged.

Since then there has been an effective moratorium on implementing death penalties with those sentenced eventually having their sentences commuted to life imprisonment.

Under Zimbabwean practice, a death sentence imposed by the High Court must be confirmed after an automatic appeal by the Supreme Court and then requires a majority vote in Cabinet before the Minister of Justice signs the execution warrant.

For 18 years, it has been impossible to assemble that majority and President Mnangagwa, while Vice President, made it very clear he was totally opposed to death penalties.

Several opposition leaders have supported the President’s stand, at least on this issue.

At the grassroots consultation in Epworth yesterday, there were three groups: one wanting the death penalty abolished altogether, one wanting to retain it for murder only as a deterrent, with women killers to be included, and at least one person that wanted a far wider range of criminals hanged.

Speaking for the abolition group, Mrs Rudo Nkomo said according to the African and Christian cultures, it was not allowed to kill people or to sentence them to death.

“I think the death penalty should be abolished because only God can decide people’s fate. We are Africans and we believe that if a person kills another person, the spirit of the deceased person will reincarnate in the family of the deceased and tell them what he or she must do,” she said.

Mrs Eunice Musavapo said: “Death penalty must be removed because the Bible says ‘Do not kill’ so as a person who comes from a Christian background the law must be removed.”

Then there were those who wanted it retained for murder, with the exemption for women murders removed.

Mr Ezekiel Chiwara said the current laws on the death penalty were discriminatory.

“The current death penalty is discriminatory and it must include everyone. We are all equal and if one commits a crime whether male or female they should be hanged,” he said.

Mr Douglas Matatadhi said hanging was the only way to warn murderers that the country was serious about such crimes.

“If a person kills, he or she must be hanged, this should also include women,” he said.

“Only children under 18 years which is the legal age of consent must be exempted. If we do that people will be afraid of killing because then, they know that they will also be killed.

“The law must be restored, but it should be all-inclusive.”

Miss Faith Murambiwa said in as much as it hurts to have a loved one being hanged for murder, the death penalty, if effected properly, would be deterrent to would-be offenders.

She supported gender equality in this regard as in other aspects of life.

Mrs Francisca Samson thought the death penalty should remain “so that we minimise cases of murder and it should also include everyone despite gender or age. We, women, have become the number one killers because some have aborted pregnancies which is the same as killing a soul. So if a person kills they must be hanged.”

Mr Joseph Ngorima went a bit further.

He wanted the death penalty extended to drug dealers, fraudsters, and women committing abortions as well as hanging murderers.

“The law must be effected because if removed, people will commit murder without any fear,” Mr Ngorima said. “Drug peddlers should also be included in the death penalty because they are killing our future generation by selling them drugs. It is the same as murder. Those committing fraud should also be included because they are destroying our economy.”