THE process of resentencing 44 death row inmates has commenced following Zimbabwe’s abolition of capital punishment in December last year.
Records of court proceedings for the 44, who were previously sentenced to death for murder committed under aggravating circumstances, have been submitted to the National Prosecuting Authority of Zimbabwe (NPAZ), with their cases now set to be brought before the High Court for fresh sentencing.
Last month, the Zimbabwe Prisons and Correctional Service (ZPCS) submitted detailed information on all prisoners facing the death penalty to the Judicial Service Commission (JSC), allowing for the retrieval of 44 out of 48 court records.
The JSC and NPAZ are now coordinating efforts to ensure the offenders appear before the High Court for resentencing in accordance with the Death Penalty Abolition Act.
The prisoners were convicted of murder under aggravating circumstances, including premeditation, extreme violence or the loss of life involving vulnerable individuals such as children or older adults.
In resentencing the inmates, the High Court will assess each case based on its merits, with judges expected to impose appropriate sentences while considering several factors.
These include the nature and circumstances of the offence, the personal background of the prisoner and the interests of society.
The court will also take into account the length of time the prisoner has spent on death row, the treatment received while under sentence of death and the likelihood of reoffending.
However, judges are legally barred from reimposing the death penalty, which has now been abolished under Zimbabwean law.
Permanent Secretary in the Ministry of Justice, Legal and Parliamentary Affairs Mrs Vimbai Nyemba told The Sunday Mail that the Government is treating the resentencing process as a priority.
“On February 5, 2025, in my capacity as Permanent Secretary for the ministry responsible for justice, I convened a meeting of all the key stakeholders, including the Judicial Service Commission to map the way forward regarding the implementation of the Death Penalty Abolition Act.
“The meeting resolved that as a first step, the ZPCS was to provide detailed information on all prisoners under sentence of death to enable the JSC to retrieve the court record of proceedings of each and every such inmate.
“By February 7, 2025, ZPCS delivered the required information.
“JSC, being the custodian of the relevant court records of proceedings, using the information provided, has so far located and retrieved 44 of the 48 records.
“What I can say without going into too much detail is that the next step will be for the JSC and the NPA to coordinate for purposes of bringing the offenders before the High Court for purposes of sentencing them afresh.”
Mrs Nyemba said each case will be determined individually, with judges exercising their discretion in imposing appropriate sentences.
She reiterated that while courts will carefully weigh all legal and mitigating factors, the death penalty can no longer be imposed.
The resentencing process, she added, will follow a structured legal approach, beginning with a pre-sentencing hearing, where the judge, prosecution and defence counsel will thoroughly review the records of proceedings before the final sentence is handed down.
“The process of resentencing the erstwhile prisoners under sentence of death is multi-faceted, involving the judge, prosecution and assigned defence counsel reading through the full record of proceedings to enable each of them to be adequately informed for the pre-sentencing hearing, which precedes the actual sentencing.
“So, the matter is receiving utmost attention.”
Zimbabwe officially abolished the death penalty on December 31, 2024 when President Mnangagwa signed the Death Penalty Abolition Act into law.
The legislation marked the removal of capital punishment as a sentencing option for murder committed under aggravating circumstances.
Before the full abolition, the 2013 Constitution had already restricted the use of the death penalty, exempting women, individuals under the age of 21 and those over the age of 70.
However, it remained in place for certain murder convictions until the new law came into effect.
Since independence in 1980, the country has carried out 105 executions, with the last hanging taking place in July 2005.
With 48 prisoners still on death row, the ongoing resentencing process will ensure that Zimbabwe fully aligns its justice system with the new legal framework, reflecting the country’s commitment to the abolition of capital punishment. – Sunday Mail
