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Nqobile Tshili, nqobile.tshili@chronicle.co.zw
A TOTAL of 48 prisoners on death row, among them Bulawayo “serial killer” Rodney Tongai Jindu who callously murdered his two friends, had their sentences commuted to life imprisonment following the country’s landmark decision to abolish death sentences.
Jindu of Glengarry suburb was in August 2018 convicted of murder with actual intent by Bulawayo High Court Judge Justice Nokuthula Moyo in connection with the deaths of Mboneli Joko Ncube and Cyprian Kudzurunga.
He shot dead Kudzurunga of Queens Park East on January 29, 2017, buried him in a shallow grave in Burnside suburb and sent a message to the deceased’s mother pretending to be her son who had suddenly decided to leave the country.
He also shot Ncube and dismembered his body and set the parts on fire before burying them in four shallow graves in Burnside.
President Mnangagwa signed the Death Penalty Abolition Bill into law and this was announced in an Extraordinary Government Gazette on Tuesday by Chief Secretary to the President and Cabinet, Dr Martin Rushwaya.
The new legislation, known as the Death Penalty Abolition Act (Chapter 9:26) (No. 4 of 2024), aligns with Section 131(6)(a) of the Constitution of Zimbabwe. It prohibits courts from imposing death sentences under any circumstances, mandating alternative sentencing based on the specifics of each case.
Following the gazetting of the Act, a person convicted of murder in aggravating circumstances shall be liable to a jail term of between 20 years and life imprisonment.
In abolishing the death penalty, Clause Two of the Act reads as follows: “No court shall impose sentence of death upon a person for any offence, whenever committed, but instead shall impose whatever other competent sentence is appropriate in the circumstances of the case.
“The Supreme Court shall not confirm a sentence of death imposed upon an appellant, whenever that sentence may have been imposed, but instead shall substitute whatever other competent sentence is appropriate in the circumstances of the case, no sentence of death, whenever imposed, shall be carried out,” reads a section of the Act.
The Zimbabwe Prisons and Correctional Services (ZPCS) welcomed the move, saying it aligns with international best practices in prison rehabilitation.
“We had 48 prisoners on death row. We are pleased to announce that Zimbabwe has abolished the death penalty, and this decision promotes rehabilitation over retribution and contributes to a more humane justice system,” said ZPCS national spokesperson Assistant Commissioner Meya Khanyezi.
She said ZPCS had activated systems to ensure a smooth transition while upholding the dignity and rights of all individuals in correctional facilities.
During debate on the Bill in Parliament, Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, said experience had shown that capital punishment has not helped in reducing the offence of murder.
He said while in principle, people favoured the death penalty for extreme crimes, in practice, they were hesitant to see it carried through as shown by the fact that there were more than 60 prisoners on death row, with some of them having waited for several years to be executed.
Minister Ziyambi noted that while many might advocate for the death penalty, hardly anyone in the country wanted the hangman’s job, despite the high reward that comes with it.
The Zimbabwe African National Congress (ZANC) also commended the abolition, describing it as a significant milestone in upholding human rights and dignity.
“By abolishing the death penalty, Zimbabwe has joined 24 other African countries that have rejected this inhumane practice. This development is a testament to President Mnangagwa’s commitment to aligning Zimbabwe’s laws with international human rights standards,” said ZANC president Mr Timothy Mncube.
He added that the abolition reflects the public’s readiness to embrace this progressive change and urged the Government to remove clauses that allow for the death penalty’s reinstatement during a state of emergency.
Zimbabwe’s last execution was in 2002 when Never Mandlenkosi Masina was hanged for the murder of Themba Nkiwane. The country has since maintained an unofficial moratorium on executions.
President Mnangagwa has been a long-time opponent of the death penalty, citing personal experiences during the liberation struggle when he narrowly escaped execution due to being under the age of 21, then the age of majority.
This historic decision places Zimbabwe among a growing number of African nations advancing human rights by abolishing capital punishment. —@nqotshili
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