Zimbabwe Abolishes Death Penalty

By Regina Pasipanodya

On December 31, 2024, the President, His Excellency Emmerson Dambudzo Mnangagwa, marked a historic moment by signing into law a bill to abolish the death penalty in Zimbabwe.

This marks an expiration of most of the provisions of the Criminal Law Code, Criminal Procedure Law, and the Defence Act which allowed the death penalty in cases of murder committed under aggravating circumstances.
A new provision in the Defence Act introduced by the Death Penalty Abolition Act, 2024 allows for the reinstatement of the death penalty when any state of public emergency is declared in terms of section 113 of the Constitution.

In a statement, Amnesty International state that about 59 people were known to be under sentence of death in Zimbabwe as of the of 2023
This includes the infamous case of Tafadzwa Shamba and Tapiwa Makore Senior who were sentenced to death by the High Court Judge Munamato Mutevedzi in July 2023 for murdering a seven-year-old boy Tapiwa Makore.

It was a proven case of ritualistic killing where the trial brought to light that the two brutally murdered the young boy to boost their cabbage business.
The duo was sentenced to death but their execution has not yet taken place.

However, the 2024 Death Penalty Abolishment Act says that (a) no court shall impose a 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;
(b) 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;
(c) no sentence of death, whenever imposed shall be carried out.
This marks a positive turn in upholding human rights in the country by terminating the provisions of the laws that allows giving death sentences.

Since 2017, the Second Republic has been clear about its opposition to a death sentence and used the Presidential Amnesty to substitute death sentences to life in prison.

In a statement, Amnesty International revealed that about 24 African countries, including Chad, Central African Republic, Sierra Leone, and Zambia, and 113 countries globally have fully abolished the death penalty.

Amnesty International Zimbabwe’s Executive Director, Lucia Masuka, said, “Amnesty International applauds Zimbabwe’s decision to abolish the death penalty for all crimes but regrets the possibility of its reinstatement during the state of emergency under the Defence Act.
“This is not just great progress for Zimbabwe, it is also a beacon of hope for the abolitionist movement in the region, and a major milestone in the global collective pursuit for an end to this ultimate cruel, inhuman, and degrading punishment.
“By enacting the Death Penalty Abolition Bill, Zimbabwe has taken a major step towards aligning its laws with international human rights standards. Its actions also send a clear message about the fundamental importance of protecting the right to life and human dignity.
“We urge the authorities to now swiftly move to a full abolition of the death penalty by removing the clause included in the amendments to the Bill allowing for the use of the death penalty for the duration of any state of public emergency.”o