Online Reporter
Tanyaradzwa Rusike
RESENTENCING by the High Court of 48 convicts who were on death row before the abolition of the death penalty late last year is expected to commence during the first quarter of 2025, it has been learnt.
The inmates were convicted of murder under aggravating circumstances, including premeditation, extreme violence or the loss of life involving vulnerable individuals such as children or older adults.
On December 31, President Mnangagwa signed the Death Penalty Abolition Bill into law, officially ending capital punishment in Zimbabwe. Since Independence, the country has carried out 105 executions, with the last one being carried out in July 2005.
In an interview with The Sunday Mail, Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs Vimbai Nyemba said: “Please be advised that the processes for resentencing are anticipated to commence before the end of the first quarter of the year. “The ministry is in the process of consulting relevant stakeholders, including the Judicial Service Commission and the Zimbabwe Prisons and Correctional Service (ZPCS), to ensure a smooth transition.”
Mrs Nyemba said the transitional provisions within the Act mandate that individuals previously sentenced to death will be brought before the High Court for resentencing.
“Government will ensure that every individual previously sentenced to death is brought before the High Court for resentencing under the new legal framework,” she said.
“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 Act, the Minister of Justice, the Prosecutor-General and the Commissioner-General of Prisons are tasked with facilitating the resentencing process.“This collaborative approach ensures that we uphold the rule of law while prioritising the rights of those affected,” she added.
“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 resentencing hearings, the High Court will assess multiple factors to ensure justice and proportionality.
According to Section 8(4) of the Act, the court will evaluate 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 the risk of recidivism.
“This comprehensive evaluation underscores our dedication to a fair and equitable justice system,” she stated.
“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.”
As part of the reforms, the Government has suspended applications for the position of a hangman, effectively abolishing the role, she added.
“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,” she said.
Mrs Nyemba emphasised that the abolition of the death penalty marks a significant legal change and a renewed dedication to human dignity and life.
“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.”
The Government will also address the rights and needs of victims and their families as it transitions away from the death penalty. Some of the key initiatives involve victim participation in sentencing processes.
