Zimbabwe may soon join a growing list of nations bidding farewell to the death penalty, a practice long steeped in moral, legal, and societal controversy. The Senate’s passage of the Death Penalty Abolition Bill marks a historic moment in the nation’s justice system, setting the stage for the ultimate abolition of capital punishment.
By Gift Rupere
A Global Perspective
The death penalty has been a contentious issue globally, with its roots in deterrence and retributive justice increasingly questioned. Over the years, international movements have gained traction in advocating for its abolition. The adoption of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) in 1989 symbolised a turning point, encouraging nations to embrace human rights by eliminating the death penalty.
Today, more than 120 countries have abolished capital punishment for all crimes, with Africa seeing steady progress. Regional leaders like South Africa, Rwanda, and Namibia have demonstrated that justice systems can function effectively without resorting to execution. The African Commission on Human and Peoples’ Rights has also called for abolition, arguing that the death penalty is incompatible with human dignity as enshrined in the African Charter.
Zimbabwe’s Journey
Zimbabwe’s Constitution of 2013 retains the death penalty, but with significant limitations. It applies only to men aged between 21 and 70 for murder “in aggravating circumstances,” explicitly excluding women and young offenders. This restriction, although progressive, left the door open for further debate about the relevance and morality of capital punishment.
In 2020, then-President Emmerson Mnangagwa, a vocal abolitionist and survivor of a near-death sentence himself, commuted the sentences of 34 death row inmates. This act of clemency reflected Zimbabwe’s growing alignment with global trends and signalled an appetite for legislative reform.
Legislative Milestone
The Senate’s passage of the Death Penalty Abolition Bill late yesterday, following its earlier approval in the National Assembly, represents a critical juncture. Once signed into law by the President and gazetted, Zimbabwe will formally abolish the death penalty. This legislative leap not only aligns the country with international human rights norms but also underscores its commitment to restorative justice over retribution.
The Arguments for Abolition
Abolitionists argue that the death penalty is an archaic practice that fails to deter crime and disproportionately affects marginalised communities. In many cases, judicial systems worldwide have erred, leading to wrongful executions. Additionally, the emphasis on punishment often ignores the potential for rehabilitation and reconciliation, values central to Zimbabwe’s cultural ethos.
Globally, nations that have abolished the death penalty report no significant rise in violent crime, challenging the notion that capital punishment serves as an effective deterrent. For Zimbabwe, embracing abolition presents an opportunity to strengthen its justice system and enhance its international standing as a nation that prioritises human rights.
A Nation Divided
Despite these advancements, public opinion on the death penalty in Zimbabwe remains divided. For some, it represents justice for heinous crimes, while others view it as a relic of colonial-era retributive justice. A 2023 survey revealed that a substantial portion of Zimbabweans still support capital punishment, citing deterrence and moral justification. However, the government’s move to abolish the practice signals a commitment to progressive reform and a recognition that justice need not be punitive to be effective.
Looking Ahead
As the Bill awaits presidential assent, Zimbabwe is on the cusp of turning a new page in its legal history. The abolition of the death penalty will place the nation among the ranks of those prioritising human rights and dignity, setting a precedent for others in the region to follow.
The decision to abolish capital punishment also invites broader reflection on the justice system’s future. Can restorative justice take root and provide victims with the closure they seek? Will alternative sentencing, such as life imprisonment, adequately address society’s need for accountability?
Zimbabwe’s imminent abolition of the death penalty is not just a legal milestone but a profound statement about the nation’s values and aspirations. As the country moves toward this new chapter, it reaffirms its belief in the sanctity of life and the possibility of justice rooted in humanity rather than vengeance.
Zimbabwe is ready for a future where justice is not defined by death but by dignity.
