Online Reporter
Vimbai Nyemba
IN a landmark development, Zimbabwe abolished the death penalty on December 31 2024, aligning itself with international human rights standards and treaties that recognise the right to life as fundamental.The Sunday Mail’s TANYARADZWA RUSIKE interviewed Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs VIMBAI NYEMBA on implications of this momentous development. Below we reproduce her responses.
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What happens to inmates on death row?
The Government will ensure that every individual previously sentenced to death is brought before the High Court for resentencing under the new legal framework.
This critical change will substitute the death penalty with a more compassionate alternative, such as life imprisonment or long-term imprisonment, reflecting our commitment to justice and human rights.
Under Section 8(2) of the Death Penalty Abolition Act, the Minister of Justice, Legal and Parliamentary Affairs, the Prosecutor-General and the Commissioner-General of Prisons are tasked with facilitating this process efficiently and judiciously.
This collaborative approach ensures that we uphold the rule of law while prioritising the rights of those affected.
One of the most reassuring aspects of this Act is that all individuals undergoing resentencing will have the right to legal representation.
Whether they choose to secure their own lawyer or receive assistance from the State, the process guarantees fairness and adherence to due process, as highlighted in Section 8(3)(a) of the Act.
During the resentencing hearings, the High Court will consider various factors to ensure that the new sentence reflects justice and proportionality.
Section 8(4) of the Act outlines that the court will assess the nature of the original offence, the personal circumstances of the individual, the time already spent on death row, the treatment they received during that time, as well as the broader societal context and risk of recidivism.
This comprehensive evaluation underscores our dedication to a fair and equitable justice system.
Notably, the High Court can backdate the new sentence start date, as indicated in Section 8(5) of the Act, which gives credit for the time already served.
This ensures that individuals are treated fairly and acknowledge their experiences while they await their sentences.
While the death penalty has been abolished, the President retains the authority to grant clemency.
Section 8(7) of the Act reaffirms the President’s constitutional power to extend mercy to those who were previously sentenced.
In line with Zimbabwe’s dedication to human rights and criminal justice reform, the Government aims to enhance rehabilitation programmes for these individuals to support their successful reintegration into society.
The Ministry of Justice, Legal and Parliamentary Affairs is also devoted to keeping the public, judiciary and legal professionals well-informed about the abolition and the relevant processes for those previously sentenced.
This openness fosters public trust and confidence in our justice system.
These measures highlight the Government’s unwavering commitment to justice, fairness and the intrinsic dignity of every individual impacted by the Death Penalty Abolition Act.
We will continue working closely with all stakeholders to ensure a smooth transition and full compliance with this new legal framework, paving the way for a more just future.
Number of inmates on death row
On December 31, 2024, His Excellency, President Mnangagwa, took a significant step by signing the Death Penalty Abolition Act, marking a new chapter for Zimbabwe and 48 inmates sentenced to death.
Total number of executions since 1980
Since its independence in 1980, Zimbabwe has seen 105 executions.
The first execution was on September 30, 1982 and the last one on July 22, 2005.
Impressively, the country has maintained a de facto moratorium on executions for almost 20 years, reflecting a shift towards a more progressive approach to justice.
Categories of crimes that were considered eligible for capital punishment
Before the abolition of the death penalty in Zimbabwe, it was a sentence reserved for severe cases of murder involving aggravating circumstances.
These situations often included elements of premeditation, extreme violence, or the tragic loss of life of vulnerable individuals like children or older people.
According to Section 47(4) of the Criminal Law (Codification and Reform) Act, this penalty, as read with Section 48(2) of the Constitution, was restricted and applicable only to males aged 21 to 70 years who were convicted of murder.
Notably, the law recognised the need for compassion by prohibiting the death penalty for anyone under 21 or over 70 years of age at the time of the crime.
Additionally, it ensured that women were entirely exempt from facing this penalty.
Significance of abolition
The recent decision to abolish the death penalty in Zimbabwe represents a transformative leap forward in the nation’s justice system.
The passage of the Death Penalty Abolition Act signifies a legal change and a rejuvenated dedication to the rights to human dignity and life.
Looking ahead, our courts will prioritise alternative sentencing over the death penalty.
As part of this reform, the position of the public executioner will be officially abolished, recognising that this position is now obsolete.
In addition, a public announcement will be made to clearly explain the implications of abolishing the death penalty.
This comprehensive communication effort is designed to build community support and understanding as Zimbabwe boldly moves forward.
By taking these considerate steps, we demonstrate professionalism while honouring the principles of equity, transparency and respect for everyone involved.
This journey is not just a legal change but an opportunity to amplify Zimbabwe’s commitment to progressive reforms and the dignity of all citizens.
International human rights standards and best practices
The decision by the Government to abolish the death penalty stands as a significant testament to its unwavering commitment to international human rights standards, which uphold the sanctity of life and the inherent dignity of every person.
This pivotal change is strongly influenced by the principles outlined in the Universal Declaration of Human Rights (UDHR).
Article 3 of this foundational document declares that everyone has the right to life, liberty and security.
By moving away from the death penalty, Zimbabwe aligns its legal framework with these universal values, demonstrating an admirable dedication to protecting fundamental human rights.
Zimbabwe’s commitment is further reinforced by its adherence to the International Covenant on Civil and Political Rights (ICCPR), which it has embraced as a party.
Article 6 of this covenant champions the right to life, stipulating that if the death penalty must be employed, it should only apply to the “most serious crimes”.
Moreover, it encourages member states to take measures towards abolition.
The Second Optional Protocol to the ICCPR, which explicitly aims to eliminate capital punishment, has provided necessary guidance for Zimbabwe’s legal reforms.
The importance of regional advocacy is also evident, as the African Commission on Human and Peoples’ Rights (ACHPR) has actively urged African nations to abolish the death penalty while ensuring fair trials for all individuals.
Zimbabwe’s decision reflects a commitment to progressive legal reforms within the continent, showcasing a desire to advance justice systems that respect human dignity.
Additionally, the reforms resonate with United Nations General Assembly (UNGA) resolutions, which advocate for a moratorium on the death penalty.
These resolutions emphasise the need for countries to pause executions and work toward abolition, highlighting a growing global consensus against capital punishment.
This shift acknowledges the irreversible consequences of the death penalty and the ever-present risk of wrongful convictions.
Furthermore, findings from the UN Human Rights Council have encouraged Zimbabwe’s stance against the death penalty, outlining how capital punishment infringes upon the right to life and can constitute cruel, inhuman or degrading treatment.
This evidence has played a crucial role in shaping a more humane approach to justice within the nation.
Zimbabwe’s leadership has also been inspired by the experiences of other abolitionist nations, particularly in Africa.
Countries like South Africa, Rwanda and Seychelles have effectively demonstrated that abolishing the death penalty does not compromise public safety; instead, it marks a vital step toward justice reform.
Research consistently shows that capital punishment fails to deter crime effectively, further solidifying Zimbabwe’s commitment to exploring alternative sentencing frameworks that focus on rehabilitation.
The decision to abolish the death penalty aligns beautifully with the Sustainable Development Goals (SDGs), especially Goal 16, which promotes peace, justice and strong institutions.
By taking this bold step, Zimbabwe shows its genuine dedication to fostering a fair and inclusive justice system that resonates with global development objectives.
Moreover, the advocacy of various international and regional organisations, such as Amnesty International, the World Coalition Against the Death Penalty and Hands Off Cain, has been instrumental in shifting public and governmental perceptions of capital punishment.
These organisations have highlighted the ineffectiveness of the death penalty as a deterrent and its intrinsic contradiction with human rights principles.
Lastly, the leadership of His Excellency, President Mnangagwa, has been vital in this transformative journey.
His long-standing opposition to the death penalty, shaped by personal experiences, underscores his commitment to humane justice policies.
His vision draws inspiration from Zimbabwe’s rich history of liberation and its aspirations to become a beacon of human rights advocacy today.
In conclusion, the abolition of the death penalty marks a profound stride toward restorative justice, prioritising reconciliation, rehabilitation and reintegration over retributive punishment.
Through this courageous decision, Zimbabwe aligns itself with international human rights standards and emerges as a leader in progressive legal reform and human rights advocacy within Africa and beyond.
Alternative forms of punishment
The Death Penalty Abolition Act marks a significant and compassionate shift in our approach to justice.
This legislation replaces the death penalty with alternative forms of punishment that appropriately reflect the seriousness of the crimes committed while also championing the principles of justice, proportionality and rehabilitation.
One notable alternative provided by the Act is life imprisonment, reserved for individuals found guilty of the offence of murder committed under aggravating circumstances.
This thoughtful approach recognises the profound impact of these crimes while steering clear of the irrevocable nature of capital punishment.
Specifically, Section 5(a) of the Act amends Section 47 of the Criminal Law (Codification and Reform) Act to affirm that life imprisonment suits murder cases characterised by aggravating factors.
In situations where life imprisonment might not be the most appropriate response, courts now have the option to impose long-term imprisonment for defined periods.
The minimum sentences are carefully structured based on the specifics of each case.
In terms of Section 5(c) of the Act, a minimum of 20 years for crimes with aggravating circumstances and at least 15 years — or even as little as five years under certain exceptional conditions — for murder without such factors.
For offences or individuals assessed as being less likely to re-offend, we can incorporate rehabilitative measures, promoting the prospect of eventual probation.
This forward-thinking approach resonates with restorative justice principles, which emphasise reintegrating individuals back into society, thus fostering a culture of understanding and second chances. Under Section 8(4) of the Act, the High Court will examine various factors in determining an alternative sentence, such as the nature of the offence, the individual’s background, public safety concerns and the time already spent in detention, including behaviour on death row.
To further promote equity, the Act introduces measures for backdated sentencing.
This ensures that courts can consider time already served under a death sentence, alleviating undue hardship for those who have experienced prolonged imprisonment, as stipulated in Section 8(5) of the Act.
Additionally, the Act addresses military offences, automatically commuting death sentences imposed under military law to life imprisonment within civilian prisons.
Recognising the nuances of each case, specific non-release periods may apply, as detailed in Section 7(2)(a) of the Act.
Significantly, the Act does not restrict the President’s constitutional power of mercy.
Individuals re-sentenced under this new framework retain the right to petition for clemency or seek reductions in their sentences, allowing for flexibility and grace in the justice process, as noted in Section 112 of the Constitution as read with Section 8(7) of the Act.
In summary, the alternative forms of punishment endorsed in this Act reflect a profound commitment to justice, equity and human dignity.
By balancing accountability for serious crimes with meaningful opportunities for rehabilitation and reintegration, we align with international best practices and reinforce Zimbabwe’s dedication to an evolving and compassionate justice system.
Respect for victims, their families
The Government is committed to addressing the rights and needs of victims and their families as it transitions away from the death penalty.
This commitment includes measures within the justice system to ensure victims are heard and their suffering acknowledged.
Key initiatives involve victim participation in sentencing processes.
As individuals formerly facing the death penalty are resentenced, victims and their families will have the opportunity to share their views, influencing alternative sentences as detailed in Section 8(4) of the Act.
The Government also plans to enhance support services, counselling and psychological assistance to help victims navigate their trauma.
Transitioning from the death penalty allows for restorative justice mechanisms focused on healing and reconciliation, enabling victims to share their experiences and pursue non-retributive forms of justice.
Transparent communication is vital, with efforts to keep victims’ families informed about the transition and resentencing processes, potentially through victim liaison officers.
Courts will consider the impact of crimes on victims during resentencing, recognising their pain and suffering.
The Government will also explore reparative measures like restitution to address the diverse effects of crimes while promoting societal understanding of victims’ rights amidst the abolition of the death penalty.
Recognising victims’ suffering will remain a priority, and collaboration with victims’ advocacy groups will help identify additional support mechanisms throughout the implementation of the new legal framework.
The Government’s approach seeks to strike a delicate balance between abolishing the death penalty and remaining sensitive to the needs of victims and their families.
By maintaining this equilibrium, we reflect Zimbabwe’s commitment to a humane and inclusive justice system that values both restorative and retributive elements.
Ultimately, we aim to ensure that all parties affected by crime are thoughtfully considered and supported in the ongoing pursuit of justice.
Reforming Zim’s criminal justice system
Zimbabwe is undertaking significant reforms in its criminal justice system following the abolition of the death penalty.
The goal is to align with international human rights standards and modern justice principles, focusing on enhancing legal frameworks, promoting rehabilitative justice and addressing systemic challenges.
A central aim is to expand restorative justice practices that foster reconciliation between offenders and victims, moving away from punitive measures. This includes developing victim-offender mediation programmes, community reconciliation initiatives and judicial officer training.
Transforming the prison system will emphasise rehabilitation and reintegration, with actions like expanding vocational training, improving prison conditions and addressing overcrowding through alternatives for minor offences.
Sentencing reform will ensure proportional and consistent sentences, introducing non-custodial options for low-risk
offenders.
Additionally, victim support systems will be strengthened with services such as counselling and legal aid while enhancing victim participation in judicial processes.
