Death penalty abolished in Zimbabwe!
As of December 31 2024, the death penalty has been removed!
The death penalty is given as sentence in cases where the accused person is convicted of murder in aggravating circumstances, it is reserved for the most heinous of murders committed in the most reprehensible manner.
The death penalty has been operable and present in Zimbabwean laws since 1980 and has a dark history rooted in a colonial and oppresive past. It is important to note that the last execution in Zimbabwe was done in 2005 wher e the infamous Chidhumo and Masendeke were executed. The provision itself became abrogated by non-use, as all those sentenced to death thereafter remained on death row, waiting for the dreaded day of execution to arrive. This in itself constituting acts of torture and degrading treatment, a contravention of fundamental human rights afforded to all by virtue of being human.
In 2013, a new constitution was enacted, the people’s constitution. Deemed so based on the overwhelming participation of citizens in a referendum. The death penalty remained in force in terms of Section 48 (2) with a few exemptions namely: Women, juveniles and persons above the age of 70 were to be sentenced to death. Worrisome that left Men aged between 18-70 to have death penalty apply and be put to death upon conviction and sentencing by a Court of law. This exposed a lacuna, that desperately required rectification.
Zimbabwe on 31st December 2024 joined 24 african nations in abolishing this barbaric and inhuman way of justice and 113 countries globally to abolish the practice. The death penalty is no longer operative in Zimbabwe and no person shall be sentenced to death. Those on death row shall be resentenced with substitution of the death penalty with an approprite penalty, in most cases life imprisonment may be commensurate.
This milestone is one worth celebrating as the taking of life does not sync at all with our african and Zimbabwean core values and remains a colonial preset that has now been done away with. Zimbabwe has aligned herself and her laws with the numerous conventions that we are party to promoting human rights and the sanctity of life. The State however reserves the right to impose the death penalty when the country is under a declared state of emergency.
Traditionally, appeasement tokens or kuripa ngozi is required when a murder occurs, to appease the angry vengeful spirit of the deceased, the courts in adjudicating over murder cases remain steadfast in ensuring that an infusion of customs, customary law and General law is practiced in dispensing judgement.