In February 2024, the cabinet of Zimbabwe approved the 2023 Death Penalty Abolition Bill which if passed would completely abolish the death penalty. The passing of this Bill would reflect not only the majority opinion of the people but also the fact that no executions have been carried out since 2005. Additionally, if passed, the Bill would strengthen Zimbabwe’s protection of human rights.
As of 2024, it has been nineteen years since the last execution was carried out, but the death penalty continues to be a sentence handed down during sentencing. As of February 2024, there are sixty-three prisoners on death row. According to the Minister of Information, Publicity and Broadcasting, Nick Mangwana, if the Bill passes then the remaining sixty-three death row prisoners will be remanded back to the court for resentencing.
As it currently stands the Constitution of Zimbabwe (Article 48) protects the right to life, but unlike other constitutions with similar protections, the Zimbabwe Constitution explicitly allows for an exception to be made for the death penalty (only if it is prescribed for by law for the offence of aggravated murder). While the proposed Bill would not amend the Constitution, meaning that the death penalty could be reinstated via new legislation, it would prevent any courts from imposing the sentence until that occurred.
Zimbabwe is also party to several ‘Human Rights Conventions’, such as the Universal Declaration of Human Rights (the ‘UDHR’), the International Covenant on Civil and Political Rights (the ‘ICCPR’), and the African Charter on Human and Peoples’ Rights (the ‘ACHP’). While none of these documents outright require the banning of the death penalty and Article 6 of the ICCPR explicitly allows states that already had the death penalty to continue to impose it for the most severe of crimes, there has been push back from the organizations responsible for the creation of those human rights agreements. The United Nations Office of the High Commissioner for Human Rights has stated that the use of the death penalty is inconsistent with the right to life and the African Commission on Human and People’s Rights have strongly encouraged signatory countries to take steps towards abolishing the Death Penalty.
The passing of the Death Penalty Abolition Bill would be a step away from British colonial rule and a step towards a more human rights-focused criminal justice system.
Click here for the Death Penalty Abolition Bill https://www.veritaszim.net/sites/veritas_d/files/H.B.%205%2C%202023.%5D%20Death%20Penalty%20Abolition%20Bill.pdf