The Sunday Mail
The recent imposition of the death sentence on three former police officers has once again ignited fierce debate on capital punishment, with questions being raised about the rationale behind the handing down of such sentences when executions were not being conducted. Kudzai Madziro, Leeroy Muteyera and Ronald Sambo of the Police Support Unit in Harare, and Emmanuel Dolosi are facing the hangman’s noose after they were convicted of killing Mr Edson Manembe in a botched armed robbery in 2010.
This penalty became the first capital punishment to be imposed by the courts after the promulgation of the new Constitution last year.
Capital punishment has remained a hotly debated issue, with human rights groups advocating for its abolition.
The fact that some prisoners have been on death row for more than 13 years particularly irks human rights activists.
Currently, 97 people are on death row in Zimbabwe.
Since 1964, Amnesty International Zimbabwe has been campaigning for abolition of the death sentence.
Mr Cousin Zilala, Amnesty International Zimbabwe director, told The Sunday Mail Extra that it was unfortunate that the new Constitution failed to fully address issues to do with the death sentence.
“We made our submissions during the constitution-making process. Although there was progress in terms of the changes that were brought in, it was unfortunate that only women and men over 70 years of age were exempted from the sentence. To us, this is not enough, we want a total ban,” Mr Zilala said.
Since 2005 when convicted armed robbers and murderers Edgar Masendeke and Stephen Chidhumo were hanged, no one else has been executed, making Zimbabwe “a de facto capital punishment abolitionist”.
“However, the death sentence should be abolished at law and not only in practice. People’s right to life must be protected. As a nation, we must not reduce ourselves to a level of murderers with an insatiable appetite for killing,” added Mr Zilala.
The Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender called for the substitution of capital punishment with life sentences.
“Death row inmates are often abused and traumatised.
“Imagine someone anxiously waiting for 13 years for the day that he will be sent to the gallows?
“A life sentence is the best option,” said Mr Edson Chiota, the association’s chief executive officer.
According to Mr Chiota, conditions for death row inmates are often harsh, with prisoners spending long periods in solitary confinement. Some such inmates end up mentally ill, while others commit suicide.
The UN Human Rights Committee says prolonged solitary confinement may amount to a form of torture, or cruel, inhuman and degrading punishment.
Zimbabwe’s Constitution states that individuals cannot be deprived of their lives unless a court sentences them to death for a criminal offence.
The death penalty cannot be imposed on women and to persons under 21 years when the crime was committed, or those over 70 years of age.
Those sentenced to death are entitled to automatic appeal at the Supreme Court, and according to Section 31 of the Constitution, the President has the power to pardon or commute the sentences of anyone convicted of a criminal offence by exercising the prerogative of mercy.
The death penalty is usually imposed when extenuating circumstances are absent.
The fight for the abolition of the death sentence has not been confined to human rights activists alone.
Shepherd Mazango, who robbed and hacked a man to death, has approached the Supreme Court challenging the legality of the death penalty.
He wants his sentence commuted to life in prison because he has already suffered whilst on death row as a result of the delay in execution.
A senior game ranger with the Zimbabwe Parks and Wildlife Management escaped the gallows after the Supreme Court quashed his death sentence.
According to abolitionists, this Supreme Court ruling confirms that the justice system is prone to error and thus the courts could end up hanging innocent men.
However, a snap survey conducted by The Sunday Mail Extra showed that many people support the death sentence.
“There has been an upsurge in the number of murders committed across the country.
“The only way to make sure that would-be murderers are deterred is by maintaining the death sentence. I am sure that if the death sentence is removed, we are certainly going to witness a frightening increase in murder cases,” said Emmanuel Munyoro, a vendor.
Several other Harare residents said killers in turn deserved to lose their lives.
Even then, the country often struggles to hire a hangman, a job many people view as socially unacceptable despite the generality of the population supporting capital punishment.
