Angelah Nothando Mlotshwa
The Ministry of Justice, Legal and Parliamentary Affairs (MoJLPA) with support from the Centre for Applied Legal Research (CARL) and the Embassy of Switzerland is currently engaged in the process of coming up with a position on death penalty in Zimbabwe.
The main objectives for the grass-root consultations being held across the country is to solicit for views from the public regarding death penalty in Zimbabwe.
The Zimbabwe Constitution of 2013 in terms of section 48 (2) (c) and (d) of the Constitution and section 338 of the Criminal Procedure and Evidence Act (Chapter 9:07) death penalty must not be carried out for a person less than twenty-one years when the offense was committed, a person who is more than seventy years old and the penalty is not imposed on a woman.
As presented by Debra Madanire a lot is considered for a person to be hanged to death. A person who has been convicted of murder committed in aggravating circumstances is given the death penalty.
Residence gave mixed views over the reconsideration of death penalty consultation.
“I feel like a death penalty is also an infringement on human rights because we are then saying that a group of people determines whether the next person gets to live or not. We don’t know the circumstances that led for that individual to do that . I think we can actually find alternative ways to deal with certain crimes rather than death penalty”, said Michelle Phiri Bulawayo resident.
She also pointed out that when someone is determined to do something nothing matters to them than doing exactly that.
“If a person has made up their mind to do something they will do it even if they know they are going to jail. It does not reduce murder cases. There are people who will know that they are to go to jail they will say I will rather go to jail”,she added.
“If we are constantly using the threat of death as a way to prevent people from going against the laws then you are running a country by threat or fear rather than actual rules and regulations so I think there are many alternatives that people can take towards preventing crimes from happening. Let’s consider life sentencing…so I don’t necessarily think that just because someone murders we should then end their life”, chipped in Jared Mubako.
“Consider death penalty for those who are raping children because they already have destroyed that kid’s future”, said a Matopo Resident Joel Moyo.
However some residents were not in agreement with abolishing death penalty.
“If one knows that if they kill intentional they are going to be hanged it might help reduce murder cases”, said Nathan Muronzi a Bulawayo resident.
Muronzi also added that when the age of consent is 18 years let death penalty be pegged there. If our country respects gender equality then consider death penalty for women also as well as if possibility be there of re-introducing death penalty by hanging .
“Let death penalty be harmonised with other laws”, he said.
“Ukuxola akungeke kube khona loba umuntu sephiwe isigwebo sokulengiswa ngogobo kodwa kuhle ekuthini liyabe selikwazi ukuba lowo muntu angeke waphenduka aze bulala futhi kumphakathi. There might be a bit of peace”, said Mlingo Parliament.
“Forgiveness will never be there even when one is given the death penalty by hanging but that assurance of knowing the community is now safe from murders. There might be a bit of peace”
Mlingo also pointed out that they must provide the nation with cheap labour.
“Ababulali kabahambe bayesebenza kuma farms elizwe beproducele ilizwe sibenefit ngokuganga kwabo than ukuthi bagcinwe ngamatax wethu.”
“Murders should provide the nation with cheap labour. Let these work in government farms and be of benefit to us than feeding on our taxes.”
In Zimbabwe death penalty by hanging was last executed in 2005