FORMER political prisoner, Last Tamai Maengehama, says he could not hold back tears after getting the news that Zimbabwe had become the latest country to abolish the death penalty.
Zimbabwe recently abolished the death penalty after President Emmerson Mnangagwa signed Death Penalty Abolition Bill into law last month.
Maengehama said the news rekindled memories of how he was wrongfully charged with murder and sentenced to death.
The former MDC activist and Tungamirai Madzore, another opposition activist, were arrested for allegedly killing a police officer, Inspector Petros Mutedza, on May 29, 2011.
They spent 10 years in prison — two years in pre-trial detention and eight years on death row.
They were convicted in 2016 by the High Court together with Yvonne Musarurwa.
They all belonged to the MDC then led by the late Morgan Tsvangirai.
On June 4, 2021, the Supreme Court upheld their appeal and ordered their immediate release from Chikurubi Maximum Security Prison.
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Maengahama said he could not overstate the profound significance of abolishing the death penalty in Zimbabwe as a political prisoner who faced the hangman's noose for a crime he did not commit.
“For those of us who have faced the cold shadow of the gallows, only to be saved by a technicality that one of us was a woman who could not legally be sentenced to death, this step represents more than just a change in the law. It is the restoration of hope, justice, and humanity,” Maengahama told The Standard.
“The horror of the possibility of a death sentence was a daily torment, not just for me and my colleague, but for countless others in similar positions.
“The abolishment of the death penalty signifies that no one else will have to endure the anguish of a possible irreversible and unjust death sentence for a crime they did not commit."
Zimbabwe’s Criminal Law (Codification and Reform) Act, Criminal Procedure law and the Defence Act 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, however, allows for the reinstatement of the death penalty when any state of public emergency is declared in terms of section 113 of the constitution.
At least 59 people were known to be under sentence of death in Zimbabwe as of the end of 2023.
As of today, 24 African countries have fully abolished the death penalty, including four — Chad, Central African Republic, Sierra Leone and Zambia — which have done so since 2020.
Globally, 113 countries are fully abolitionist.
Maengahama said any justice system, no matter how diligent, is fallible, and the death sentence is not the answer.
"My conviction, later overturned by the Supreme Court, exposed the flaws in a system that prioritised conviction over truth,” he said.
“Innocent lives were destroyed, families torn apart, and the very fabric of justice was frayed.
“The death penalty, with its irreversible nature, magnifies these injustices exponentially.
"Even for those convicted of the gravest crimes, the death penalty is not the answer.
“There is no conclusive evidence that the death penalty acts as a stronger deterrent to crime than other forms of punishment."
Maengahama said there is evidence that the death penalty has often been used as a weapon against political opponents.
He said it is an affront to their shared humanity.
The opposition politician said every convict deserves a second chance to reform no matter the crime committed.
"The abolition of the death penalty in Zimbabwe is not merely a legal reform, it is a profound act of moral courage,” he said.
“It recognises the inherent dignity of every human being, regardless of their crimes.
"It acknowledges that justice must be tempered with mercy, that the pursuit of truth must be unwavering, and that the possibility of error must never be ignored."
He said there is a need for a greater focus on rehabilitation and restorative justice rather than condemning convicts to death.
“While the abolition of the death penalty is a crucial milestone, it also highlights the ongoing need for comprehensive criminal justice reform," he said.
“There are still many concerns about the criminal justice system and wider human rights abuses that need to be addressed.
“We must continue to work towards a system where fairness and due process are guaranteed for all, ensuring that no more lives are shattered by wrongful convictions."
In a statement recently, Amnesty International Zimbabwe executive director Lucia Masuka urged lawmakers to consider removing the clause which allows the reinstatement of the death penalty in certain cases.
The move to abolish the death penalty in Zimbabwe was praised by various bodies throughout the world, including the European Union.
Zimbabwe had not executed anyone since 2005 because it was struggling to recruit a hangman.
According to the Zimbabwe Prisons and Correctional Service, the gallows in Harare are being converted into a museum and broadcast studios.
