Zimbabwe abolishes death penalty

Ivan Zhakata

Herald Correspondent

In a historic move, Zimbabwe has abolished the death penalty, fundamentally reshaping the nation’s approach to criminal justice.

The newly enacted Death Penalty Abolition Act [Chapter 9:26], published in the Government Gazette, marks a significant milestone in the country’s legal history.

“No sentence of death, whenever imposed, shall be carried out,” read part of the groundbreaking legislation.

This sweeping reform not only prohibits courts from imposing capital punishment but also mandates the re-sentencing of all prisoners currently on death row.

The Act further amends key laws, including the Criminal Procedure and Evidence Act, the Genocide Act, and the Criminal Law (Codification and Reform) Act, to align with the abolition of the death penalty.

Life imprisonment and long-term sentences now replace what were once capital offenses, including treason and murder under aggravating circumstances.

The transitional provisions within the Act ensure that those already sentenced to death will be brought before the High Court for re-sentencing.

Judges are directed to consider the nature of the offense, the prisoner’s circumstances and the time spent under the death sentence, among other factors.

Prisoners are guaranteed legal representation, and the State will also be represented to ensure a balanced re-sentencing process.

Minister of Justice and Parliamentary Affairs Justice Ziyambi Ziyambi welcomed the reform, describing it as a crucial step toward aligning Zimbabwe’s justice system with international human rights standards.

“This Act is more than a legal reform; it is a statement of our commitment to justice and humanity,” he said.

“We recognise the importance of rehabilitation and the need to move away from retribution.”

However, the law does leave room for a conditional suspension of the abolition in times of public emergency.

Under the Defence Act, the death penalty can be reinstated temporarily during states of emergency declared under section 113 of the Constitution, though even in such cases, previously imposed death sentences will be commuted to life imprisonment.

Zimbabwe’s abolition of the death penalty places it among a growing number of African nations moving away from capital punishment.

Over two-thirds of the world’s countries have now abolished the death penalty in law or practice, signaling a global shift toward more humane justice systems.

As the nation begins its transition to life without the death penalty, the reforms represent not only a legal transformation but also a broader societal reckoning with the principles of justice, mercy and rehabilitation.