BOTH Houses of Parliament have passed the Death Penalty Abolition Bill in a rare show of solidarity between Members of Parliament and Senators from the ruling Zanu PF and opposition Citizens Coalition for Change (CCC).
The Bill to abolish the death penalty, which has been condemned the world over for violating human dignity, sailed through both the National of Assembly and Senate and awaits presidential assent.
President Emmerson Mnangagwa, who survived the hangman’s noose on a technicality following his arrest during the liberation struggle, has publicly denounced the death penalty.
Defending the Bill in the Senate, Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi, who is also the Leader of Government Business in Parliament, applauded an opposition member for introducing the Bill.
“I just want to thank and congratulate the Senators for this historic occasion; historic in the sense that this Bill was not originated from the Executive, but from one of our members who is not from the ruling party,” Ziyambi said.
“It indicates that when it comes to national issues, we come together and put our heads together to do the correct thing.”
Dzivarasekwa legislator Edwin Mushoriwa (CCC) raised the motion for the provision of the abolition of the Death Penalty Bill.
He called on Parliament to pass a Bill amending section 47 of the Criminal Law (Codification and Reform) Act while repealing sections 337 to 342 of the Criminal Procedure and Evidence Act, which would abolish the death penalty in Zimbabwe.
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In support, Ziyambi argued that the death penalty has failed to deter crime citing studies showing no reduction in murder rates or terrorism in jurisdictions it is enforced.
He emphasised that the actual number of murders remained the same despite the death penalty’s existence, questioning its effectiveness as a deterrent.
He also highlighted the Bill’s potential to address the root causes of crime, which he believes the death penalty does not tackle.
Ziyambi pointed out its bias against poverty-striken people, stating that history shows that the majority of those executed are from disadvantaged backgrounds.
“We have had the death penalty for a long time and nobody would say that since we have had the death penalty on our statute books, we have reduced the number of people who commit murder in aggravating circumstances or terrorists,” he said.
“It does not deter. It is actually a question that is debatable and studies that have been carried out have indicated that in all jurisdictions where the death penalty is carried out, there is no reduction in crime.
“The actual number of murders is still the same even with the death penalty. So, the question that is being asked is, why are we saying it is a deterrent when we are not seeing the deterrence of imposing the death penalty?”
The Justice minister said historically, the majority of people that have been executed are those struggling or in poverty.
“It is biased against those that society must protect. Even in our country, the death penalty has a racial bias,” Ziyambi said.
In February this year, Cabinet agreed to abolish the death penalty for murder offences, almost two decades after the last execution.
Zimbabwe has been on a de facto moratorium on executions for about 17 years with the last having been conducted in 2005.
The Constitution maintains the death sentence, but excludes women, men under the age of 21 and men over the age of 70 from being sent to the gallows.
Zimbabwe has 62 convicted prisoners at Harare Central Prison facing the death penalty.
At least 170 countries have abolished or introduced a moratorium on the death penalty either in law or in practice.
In southern Africa, by approving the Death Penalty Abolition Bill, Zimbabwe will join Angola, Madagascar, Mauritius, Mozambique, Namibia, Seychelles, South Africa and Zambia in abolishing the death penalty for all crimes.