Zimbabwe has taken significant strides toward abolishing capital punishment, with its Senate recently approving the Death Penalty Abolition Bill. This legislative development marks a pivotal point for the country, especially considering the death penalty has not been applied for nearly two decades.
Zimbabwe’s Parliament announced the bill’s passage, which is now awaiting President Emmerson Mnangagwa’s signature before it becomes law. The last execution took place in 2005, with the nation having effectively observed a moratorium on the death penalty since then. Interestingly, the lack of executions has partly stemmed from the absence of individuals willing to serve as executioners.
Historically, the death penalty has been a controversial issue, especially for President Mnangagwa, who narrowly escaped execution himself during Zimbabwe's war of independence. He has openly expressed his opposition to capital punishment, emphasizing restorative justice over retributive justice.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi applauded the passing of the bill, noting the importance of bipartisan support from both the ruling Zanu-PF party and the opposition Citizens Coalition for Change (CCC). He stated, “I just want to thank and congratulate the Senators for this historic occasion; historic in the sense the Bill was not originated from the Executive, but from one of our members who is not from the ruling party.”
The bill’s originator, Dzivarasekwa legislator Edwin Mushoriwa, drew attention to the need for amendments to several sections of the Criminal Law and Criminal Procedure and Evidence Acts, aiming to abolish the death penalty effectively. Mushoriwa argued against the efficacy of the death penalty as a crime deterrent, pointing out, “The majority of people who have been executed are those struggling or in poverty.” This perspective highlights the disproportionate impact the death penalty has on marginalized communities, reinforcing the bill's significance.
Many critics of capital punishment, including Amnesty International, contend it fails as a crime deterrent. Ziyambi cited various international studies demonstrating no correlation between the existence of the death penalty and reduced crime rates, indicating it serves more as retribution than justice. “It does not deter. It is actually a question of debate,” he argued during the Senate discussions.
The Cabinet had previously indicated its agreement to abolish the death penalty for murder offenses, explicitly acknowledging the broader moral objections surrounding capital punishment. Currently, Zimbabwe retains around 62 prisoners on death row, most held at Harare Central Prison.
By abolishing the death penalty, Zimbabwe is poised to join at least 170 nations worldwide, including Southern African countries such as Angola, Madagascar, and South Africa, which have eradicated or observed moratoriums on capital punishment. This legislative shift aligns with broader continental shifts seen across Africa, where leaders like those from Kenya and Ghana continue to advocate for abolition.
Senator Sukai Tongogara described the bill as “a landmark piece of legislation,” emphasizing its moral importance and the responsibility lawmakers have to uphold dignity and justice. While not all are on board, with some seeing capital punishment as necessary for dealing with heinous crimes, Tongogara believes the bill reflects global tendencies toward human rights advocacy.
Despite the progress, there remains substantial public backing for the death penalty, with many citing it as necessary for justice against severe crimes. Recent surveys indicate divided opinions, with traditional beliefs and cultural narratives often promoting the view of capital punishment as justified, especially for violent crimes.
The potential impact of the bill transcends mere legislative action; it proposes to redefine justice within Zimbabwe. The move seeks to embody values of respect for life and the possibility of rehabilitation against the backdrop of historical injustices associated with colonial rule and the retributive justice model.
Looking to the future, if the bill garners presidential assent, Zimbabwe's justice system could transform fundamentally, emphasizing rehabilitation and restorative justice principles. The abolition of the death penalty will symbolize the nation’s commitment to prioritizing human dignity and aligning itself with international human rights standards. It raises pivotal questions about how the justice system evolves: Will reforms favor restorative justice, and how will society reconcile the need for accountability without the death penalty?
Zimbabwe’s imminent abolition of the death penalty signifies not only progress within its legal sphere but also reflects broader global trends advocating for enhanced human rights standards. A growing consensus questions the morality and efficiency of the death penalty, paving the way for nations to redefine justice rooted more deeply within the principles of humanity.
